Madras High CourtCRP(MD)/865/2019disposed of

Amalorpavam v. Aachariyam

2019-06-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2019

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD) Nos.865 & 866 of 2019 In C.R.P(MD).No.865 of 2019 Amalorpavam ... Petitioner/1st Respondent/Plaintiff -Vs1.Aachariyam 2.Antony @Manickam ...2nd Respondent/2nd Respondent /1st Defendant 3.Sabarinathan @ Robert Sabarinathan ...3rd Respondent/3rd Respondent /2nd Defendant In C.R.P(MD).No.866 of 2019 Amalorpavam ... Petitioner/1st Respondent/Plaintiff -Vs1.Antony @ Manickam ...1st Respondent/Appellant /1st Defendant 2.Savarinathan @ Robert Savarinathan ...2nd Respondent/2nd Respondent / 2nd Defendant 3.Aachariyam ...3rd Respondent/3rd Respondent /3rd Defendant COMMON PRAYER: These Civil Revision Petitions have been filed under Article 227 of the Constitution of India seeking for a direction, directing the learned Sub Court, Sivagangai, Sivagangai District to dispose the appeals in A.S.Nos.27 & 28 of 2018 within the time stipulated by this Court.

For Petitioner : Mr.N.Tamilmani in both revisions https://hcservices.ecourts.gov.in/hcservices/

C O M M O N O R D E R These Civil Revision Petitions have been filed seeking a direction to the learned Subordinate Judge, Sivagangai District to dispose the appeals in A.S.Nos.27 & 28 of 2018 within the time stipulated by this Court.

2.The learned counsel for the petitioner would submit that the petitioner has filed a suit in O.S.No.117 of 2011 against the respondents for declaration, mandatory injunction and recovery of possession. After full trial, the said suit was decreed in favour of the petitioner. Against which, the first respondent has filed the appeals in A.S.Nos.27 & 28 of 2018. The learned counsel for the petitioner would further submit that the petitioner is aged about 86 years. only with malafide intention to drag on the proceedings, the respondents getting adjournments in the appeals. Hence, the petitioner has filed the present Civil Revision Petitions for speedy disposal of the appeals in A.S.Nos.27 and 28 of 2018.

3. Since these Civil Revision Petitions have been filed for early disposal of the appeals, no notice is necessary to the respondents herein.

4. Considering the facts and circumstances of the cases and also considering the age of the petitioner, this Court feels that ends of justice would be met by directing the Court below to dispose the appeals within a time frame. Without adverting to the merits of the cases, a direction is issued to the learned Subordinate Judge, Sivagangai to dispose the appeals in A.S.Nos. 27 and 28 of 2018 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, these Civil Revision Petitions are disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To The Subordinate Judge, Sivagangai.

+2 CC to Mr.N.TAMILMANI, Advocate SR-69365.

COMMON ORDER MADE IN C.R.P.(MD) Nos.865 & 866 of 2019 17.06.2019 CS: (26/06/2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/