Jeyamary (Mentally Unsound) v. Alphonse

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Jeyamary(Mentally Unsound) Through his next frien Michael.

... Petitioner/1st Petitioner/ 1st Plaintiff Vs.

1.Alphonse 2.Arulraj Victoria Xavier (Died) 3.Arulandhu 4.Agnes Prabhu 5.Minor.Gnanam Represented through his guardian 4th respondent.

... Respondents/Respondents/ Defendants Joseph Sahayarani (Died) 6.John Peter 7.Minor.Jani Michael Through his father and guardian John Peter.

... Respondents/Petitioners 2 to 4/ Plaintiffs 2 to 4 1/4

PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Additional District Munsif Court Karaikudi to dispose the final decree petition in I.A.No.77 of 2012 in O.S.No.165 of 2004, pending therein, within time fixed by this Court by allowing this civil revision petition.

For Petitioner : Mr.V.S.Rishikesh

ORDER

The present revision petition has been filed for expeditious disposal of a final decree application in I.A.No.77 of 2012 in a suit for partition in O.S.No.165 of 2004 on the file of Additional District Munsif Court, Karaikudi.

2. A perusal of the B-Diary extract indicates that an Advocate Commissioner was appointed in the final decree proceedings in the year 2013 and he has not filed his report till August, 2019. Thereafter, a new Commissioner was appointed on 13.08.2019 and he is yet to file his report for the past 4 years.

2/4

3. Considering the above said facts, the learned Additional District Munsif, Karaikudi is directed to dispose of I.A.No.77 of 2012 on or before 30.06.2023. In case, if the Commissioner has not filed his report, the Court is directed to appoint a fresh Commissioner and get a report within a period of 30 days and expedite the proceedings.

4. With the above said observations, this Civil Revision Petition stands allowed. No costs.

15.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Additional District Munsif Court, Karaikudi.

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

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in 15.02.2023 4/4