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Madras High CourtCRP(MD)/973/2019disposed of

P.Santhanamari, v. P.Erakkammal,

2019-06-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2019

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD) No.973 of 2019 P.Santhanamari

...Petitioner/Plaintiff

-Vs1.P.Erakkammal 2.P.Govinthammal 3.P.Ravi 4.Minor R.Krishnavignesh 5.Minor R.Rajeswari 6.P.Ramamoorthy 7.Minor R.Venkatesh 8.Minor Swatha (Minor 7 and 8 respondents represented by their father P.Ramamoorthy, the 6th respondent herein) 9.The Sub Registrar Sub Registrar Office Srivilliputhur Virudhunagar District.

1.The Tahsildar, Tahsildar Office, Srivilliputhru, Virudhunagar District.

... 1 to 10 Respondents/Defendants Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Sub Court, Srivilliputhur to dispose the suit in O.S.No.190 of 2014 within stipulated time fixed by this Court.

For Petitioner : Mr.J.Ashok

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned Subordinate Judge, Srivilliputhur to dispose the suit in O.S.No.190 of 2014 within a specified period that this Court deem fit in the circumstance of the case.

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2.The learned counsel for the petitioner would state that the petitioner has filed a suit in O.S.No.190 of 2014 for partition of her 8/36th share in the suit schedule properties. The contesting parties have already filed their written statement and the case was earlier listed for trial on 18.07.2016. The grievance of the petitioner is that since the suit was filed in the year 2014, the respondents are wantonly dragging on the proceedings of the suit without any valid reason. Hence, the petitioner is before this Court for early disposal of the suit.

3. Since this Civil Revision Petition is filed for early disposal of the suit, no notice is necessary to the respondents herein.

4. Considering the facts and circumstances of the case and also considering the fact that the suit in O.S.No.190 of 2014 is of the year 2014, this Court feels that ends of justice would be met by directing the Court below to dispose of the suit within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Subordinate Judge, Srivilliputhur to dispose the suit in O.S.No.190 of 2014 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- ) msa To 1.The Subordinate Judge Srivilliputhur 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.J.ASHOK, Advocate ( SR-72374[F] dated 01/07/2019 ) C.R.P.(MD) No.973 of 2019 28.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/08.07.2019/2P/5C