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Madras High CourtCRP(MD)/357/2021allowed

P.Ramaraj Alias Lawrance v. Ramasamy,

2021-03-04Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD)Nos.357 & 358 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)Nos.357 & 358 of 2021 CRP.(MD)No.357 of 2021:- P.Ramaraj @ Lawrance ... Petitioner/1st Respondent vs.

1.Ramasamy ... 1st Respondent/Appellant 2.R.S.MariyaRajammal @ Rajam ... 2nd Respondents/2nd Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub-Court, Virudhunagar to dispose of the A.S.No.5 of 2019 filed by the first respondent herein within a time frame as fixed by this Court.

CRP.(MD)No.358 of 2021:- P.Ramaraj @ Lawrance ... Petitioner/1st Respondent vs.

1.R.S.MariyaRajammal @ Rajam ...1st Respondent/Appellant 2.Ramasamy ...2nd Respondents/2nd Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub-Court, Virudhunagar to dispose of the A.S.No.39 of 2019 filed by the first respondent herein within a time frame as fixed by this Court. For Petitioner : Mr.R.Babu Jaganath (In both cases) COMMON ORDER These Civil Revision Petitions have been filed to direct the Sub-Court, Virudhunagar to dispose of A.S.Nos.5 & 39 of 2019 filed by the 1st respondent in respective revision petitions within a time frame.

2.The petitioner would state that he was in possession and enjoyment of the suit property after the execution of the gift deed dated 20.09.1974 by the 2nd respondent/wife, but the 2nd respondent has illegally cancelled the said gift deed vide Document No.6370/2015 in respect of the suit property to the 1st respondent herein. The petitioner has filed a suit in O.S.No.165 of 2015 as against the respondents before the District Munsif Court, Virudhunagar, with the prayer to declare the said document as null and void and to declare the sale deed dated in Document No.6370/2015 executed in favour of the 1st respondent by the 2nd respondent as null and void and also prayed for permanent injunction as against the respondents herein. The suit was allowed on 15.11.2015, against which, the 1st respondent in both the revisions filed A.S.Nos.39 and 5 of 2019 before the Sub Court, Virudhunagar, which are pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)Nos.357 & 358 of 2021 Therefore, the petitioner has come forward with the present revision petitions.

3.Heard the learned counsel for the petitioner. Since it is only petitions for early disposal of the appeals, notice to the respondents is not necessary.

4.Considering the facts and circumstances of the case and without adverting to the merits of the case, the learned Sub Judge, Virudhunagar, is directed to dispose the appeals in A.S.Nos.5 & 39 of 2019 on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. 5.With the above direction, these Civil Revision Petitions are allowed. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Sub Judge, Virudhunagar.

Copy to The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

C.R.P.(MD)Nos.357 & 358 of 2021 DATED : 04.03.2021 KM(CO) KB(29.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2