Madras High CourtCRP(MD)/603/2023disposed of

A. Chockalingam (Died), 1. C. Meenakshi, v. B. Seethalakshmi,

2023-03-06Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN A.Chockalingam (Died) 1.C.Meenakshi 2.Shenbagavalli 3.C.Arasappan (Represented by power agent of petitioners 1 to 3 vide order dated 25.04.2022 in E.A.No.2 of 2019) E.Shanthi ... Revision Petitioners/ Petitioners/Plaintiffs Vs.

1.B.Seethalakshmi 2.L.Palaniappan ... Respondents/ Respondents/defendants PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to pass on order of speedy disposal of E.P.No.48 of 2015 in O.S.No.568 of 2012 within time frame pending on the file of sub ordinate Judge, Devakottai.

For Petitioner : Mrs.S.Vijayashanthi 1/4

ORDER

This civil revision petition is disposed of at the time of admission without notice to the respondents as no adverse order proposed to be passed against the contesting respondents/defendants in E.P.No.48 of 2015 and the connected miscellaneous petition in E.A.Nos.1 of 2019 and 3 of 2021.

2. The petitioners claim that they are legal heirs of late A.Chockalingam (since deceased) who had filed O.S.No.568 of 2012 before the Subordinate Judge, Tiruchirapalli and the suit came to be decreed ex parte on 06.02.2014. Pursuant to the aforesaid ex parte judgment and decree passed by the Subordinate Judge, Tiruchirappalli, the plaintiff/decree holder A.Chockalingam, (since deceased) filed E.P.No.48 of 2015.

3. In the aforesaid proceedings, E.A.Nos.1, 2 of 2019 and 3 of 2021 have been filed. Only orders in E.A.No.2 of 2019 has been passed. Orders in E.A.Nos.1 of 2019, 3 of 2021 are yet to be taken up for hearing.

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3. Considering the fact that E.P. is of the year 2015 and considering the fact that ex parte judgment and decree, dated 06.04.2014 has not been disturbed in the subsequent proceedings, this Court is inclined to dispose the civil revision petition by directing the Subordinate Judge, Devakottai to dispose E.P.No.48 of 2015 along with E.A.Nos.1 of 2019 and 3 of 2021 within a period of 12 months from the date of receipt of copy of this order. The civil revision petition stands disposed of. No costs.

06.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Subordinate Judge, Devakottai.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 06.03.2023 4/4