Panchavaram v. Sathaiah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Panchavarnam : Petitioner Vs.

1.Sathaiah 2.Poomayil 3.Sathayee : Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Sub Court, Ramanathapuram, to dispose of the proceedings in A.S.No.2 of 2013 within a stipulated time limit. For Petitioner : Mr.J.M.Hassanul Bazari *****

ORDER

The petitioner, as plaintiff, has filed a suit in O.S.No.44 of 2010 before the District Munsif cum Judicial Magistrate Court, Rameswaram, for the relief of partition and separate possession of the suit schedule property. The suit was 1/4

decreed by the trial Court on 05.09.2011 and challenging the same, the first respondent / second defendant has filed an appeal in A.S.No.2 of 2013 before the Sub Court, Ramanathapuram.

2.The grievance of the petitioner is that though the appeal was filed as early as in the year 2013, the same is still pending, without any progress and therefore, he is not able to enjoy the fruits of the decree that was obtained in the year 2011. 3.Considering the fact that the appeal of the year 2013 is still pending, this Court, without expressing anything on the merits of the matter, directs the Sub Court, Ramanathapuram, to expedite and conclude the appeal proceedings, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

Accordingly, this revision petition stands disposed of. No costs. Index : Yes / No 27.01.2023 Internet : Yes gk 2/4

To The Subordinate Judge, Ramanathapuram.

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B.PUGALENDHI, J.

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