Madras High CourtCRP(MD)/503/2021allowed

Jeevarathinam, v. Thayammal (Died),

2021-03-18Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD)No.503 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.503 of 2021 1.Jeevarathinam 2.Nirmala 3.Kanjana 4.Yogitha (petitioners 2 to 4 represented by power agent first petitioner) ... Petitioners Vs.

Thayammal (Died) 1.Tamilselvi 2.Vijayalakshmi 3.Saroja 4.Rajalakshmi 5.Sivanantham ... Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal District Munsif Court, Aruppukottai to dispose of the suit in O.S.No.214 of 2011 on the basis of materials available within a time frame. For Petitioner : Mr.R.G.Shankar Ganesh

ORDER

This civil revision petition has been filed to direct the Principal District Munsif Court, Aruppukottai to dispose of the suit in O.S.No.214 of 2011 within the time frame.

2.The learned counsel for the petitioners submitted that the petitioners are the defendants in O.S.No.214 of 2011, which has been filed for declaration and permanent injunction by the respondents herein. He further submitted that there is no interlocutory application is pending and issues were also framed. However, the suit is pending without any progress. Hence, the petitioners have approached this Court by filing this Civil Revision Petition seeking a relief to dispose the suit in O.S.No.214 of 2011 on the file of the Principal District Munsif Court, Aruppukottai, within a stipulated time as fixed by this Court.

3.Heard the learned counsel for the petitioners and perused the materials available on record.

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C.R.P.(MD)No.503 of 2021 4.Since this Civil Revision Petition is filed for early disposal of the suit in O.S.No.214 of 2011 and since no adverse order is going to be passed, notice to the respondents is not necessary.

5.Considering the facts and circumstances of the case and also considering the fact that the suit is of the year 2011 and there is no interlocutory application is pending and issues were also framed, this Court feels that ends of justice would be met by directing the Court below to dispose of the case within a time frame. Without adverting to the merits of the case, a direction is issued to the Principal District Munsif Court, Aruppukottai to dispose the divorce suit in O.S.No.214 of 2011 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. Both the petitioners and the respondents shall cooperate for the disposal of the above suit. 6.With the above direction, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS ) 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 District Munsif Court, Aruppukottai.

Copyt to:

The Registrar (Judicial), Madurai Bench of Madras High Couret, Madurai. C.R.P.(MD)No.503 of 2021 18.03.2021 SDS(24.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2