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Madras High CourtCRP(MD)/292/2022disposed of

Sp.Kalayarasi v. Saroja

2022-02-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD)No.292 of 2022 S.P.Kalayarasi

...Petitioner/Petitioner/Plaintiff

Vs.

1.Saroja 2.Mani 3.Ramamoorthy 4.The State of Tamil Nadu, Rep. by its District Collector, Thanjavur, having Office at, Collectorate, Trichy Road, Thanjavur Town.

...Respondents/Respondents/

Defendants PRAYER: Civil Revision Petition under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Thanjavur, to dispose the I.A.No.314 of 2013 in O.S.No.172 of 2010, as expeditiously as possible, within a time frame as stipulated by this Court.

For Petitioners :Mr.AN.Ramanathan For R-4 :Mr.S.Kameswaran, Government Advocate

ORDER

This Civil Revision Petition has been filed seeking direction to dispose the I.A.No.314 of 2013 in O.S.No.172 of 2010 pending on the file of the learned Principal Subordinate Judge, Thanjavur, as expeditiously as possible, within a time frame as stipulated by this Court.

2.The parties are referred to as per the rank mentioned before the Court below.

3.The plaintiff has filed a suit in O.S.No.172 of 2010 on the file of the learned Principal Subordinate Judge, Thanjavur, against the defendants, for declaration and delivery of vacant possession of the suit property.

4.During the pendency of the said suit in O.S.No.172 of 2013, the plaintiff had filed a interlocutory petition in I.A.No.314 of 2013 in O.S.No.172 of 2013 to appoint the advocate commissioner to visit the suit property with assistance of the Sub Inspector of https://hcservices.ecourts.gov.in/hcservices/

Survey. From 01.04.2021, the said petition is now pending for appearance of Land Commissioner, Chennai. Hence, he seeks speedy disposal.

5.Heard on either side. Perused the material documents available on record.

6.The learned counsel appearing for the petitioner would submit that the petition in I.A.No.314 of 2013 in O.S.No.172 of 2010 is pending from the year 2013 for filing Advocate Commissioner report. 7.Considering the submission made by the learned counsel appearing for the petitioner and also considering the fact that the matter is pending more than nine years, the learned Principal Subordinate Judge, Thanjavur, is directed to dispose the I.A.No.314 of 2013 in O.S.No.172 of 2010, within a period of two months from the date of receipt of a copy of the order.

8.With the above observations, the Civil Revision Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) ksa Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To The Principal Subordinate Judge, Thanjavur.

+1 CC to M/s.SPL GP ( SR-7530[F] dated 21/02/2022 ) C.R.P.(MD)No.292 of 2022 18.02.2022 MGJ(17.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/