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Madras High CourtCRP(MD)/514/2023allowed

Chellathai Ammal (Died), P. Chendurpandian, v. K. Thavasivel Nadar,

2023-02-28Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Chellathai Ammal (died) ... Plaintiff P.Chendurpandian .. Petitioner/Petitioner/proposed 2nd Petitioner Vs.

1.K.Thavasivel Nadar 2.M.Periapirati 3.S.Thangamani 4.M.Alaguraj 5.M.Gurusamy 6.P.Guruvammal 7.M.Manickam 8.M.Gopal 9.M.Kamaraj 10.M.Dharmaraj 11.Jegdeesan 12.Jeya Gopal 13.Thanga Sekar 14.Dharmathai 15.Gunasekar 16.Seeni Pushpam 17.Anbarasan ... Respondents/Respondents/Respondents/Defendants PRAYER : Revision Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Thoothukudi, to dispose the I.A.No.4 of 2022 in I.A.No.336 of 2013 in O.S.No.57 of 1999 on the file of the Subordinate Court, Thoothukudi, within the time frame by this Court.

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For Petitioner : Mr.M.P.Senthil

ORDER

The present revision petition has been filed for an early disposal of I.A.No.4 of 2022 in I.A.No.336 of 2013 in O.S.No.57 of 1999 pending on the file of the Subordinate Court, Thoothukudi.

2. According to the petitioner, his mother was the plaintiff in the said suit and the partition decree granted was confirmed up to Hon'ble Supreme Court. While the application for final decree was pending in I.A.No.336 of 2013, his mother had passed away and hence, he had filed an application in I.A.No.4 of 2022 to implead himself as the legal heir on the basis of a Will dated 21.12.2012. According to the learned counsel for the petitioner, he was impleaded as one of the legal heirs in Review Application No.106 of 2013 before this Court. Hence, he has prayed for an early disposal of the said application.

3. Considering the aforesaid facts, the learned Subordinate Judge, Thoothukudi, is directed to dispose of I.A.No.4 of 2022 in I.A.No. 336 of 2013 in O.S.No.57 of 1999 on or before 30.04.2023. 2/4

4. With the above observation, the Civil Revision Petition stands allowed. No costs.

28.02.2023 Index :

Yes / No Internet :

Yes / No Rmk To The Subordinate Judge, Thoothukudi.

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R.

VIJAYAKUMAR ,J., Rmk Order made in Dated:

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