Alagarsamy v. Karuppayee (Died) Eswari (Died) Malliga (Died) 1. Ponram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.1213 of 2025 Alagarsamy ... Petitioner/1st Defendant Vs.

Karuppayee (Died) Eswari (Died) Malliga (Died)

1. Ponram ... 1st Respondent/ 4th Plaintiff

2. Murugan

3. Ramalakshmi

4. Dharman

5. Suresh

6. Jeganathan

7. Thayammal ... Respondents 2 to 7/ Plaintiffs 5 to 10

8. Subramani 1/6

Pappathi (Died)

9. Kaliammal Vijayalakshmi (Died) Murugammal (Died) Vellaiyammal (Died) Perumal Goundar (Died)

10. Bommana Goundar

11. Bommanasamy

12. Palaniyappan

13. Muthulakshmi

14. Vasantha

15. Jothi

16. Muthu Samy

17. Lakshmi

18. Karthick

19. Kannan

20. Murugan

21. Kannan

22. Karthick 2/6

23. Solaimalai

24. Muthulakshmi

25. Muthukumar

26. Chitra ... Respondents 8 to 24/ Defendants 2 to 25 (No relief sought against the Respondents 2 to 26. Hence, the notice to the Respondents 2 to 26 may be dispensed with) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the District Munsif-cum-Judicial Magistrate, Vedasandur to expeditiously hear the suit in O.S.No.23 of 2004 on the file of Sub Court/ District Munsif - cum - Judicial Magistrate, Vedasandur and allow this Civil Revision Petition.

For Petitioner : Mr.G.Prabhu Rajadurai

O R D E R

The first defendant in O.S.No.23 of 2004 on the file of District Munsif - cum - Judicial Magistrate, Vedasandur, has filed the present Civil Revision Petition seeking expeditious disposal of the suit.

2. According to the learned counsel appearing for the revision 3/6

petitioner, the suit was partly decreed. Challenging the same, the plaintiffs as well as the defendants have filed first Appeals. Both the appeals were dismissed by the first appellate Court. Challenging the judgment and decree in A.S.No.274 of 2005, the first defendant has filed S.A.(MD)No.841 of 2010. This Court, by an order dated 07.04.2022 has set aside the judgment and decree of the Courts below and has remitted the matter back to the trial Court.

3. This Court, in S.A.(MD)No.841 of 2010 has directed the plaintiffs to file an application to include the properties covered under Ex.B.27 and also to implead the legal heirs of the daughters of Nalla Boyan. After remand, the plaintiffs have filed I.A.No.2 of 2023 and I.A.No.3 of 2023 in order to comply with the order of this Court. Those applications are kept pending for the past two years. Hence, the present Civil Revision Petition has been filed.

4. Considering the above said facts, the trial Court is directed to dispose of I.A.No.2 of 2023, I.A.No.3 of 2023 and I.A.No.30 of 2024 on or before 31.10.2025 and thereafter, the suit in O.S.No.23 of 2004 shall be disposed of on or before 31.01.2026.

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5. With the above said observation, this Civil Revision Petition stands disposed of. There shall be no order as to costs. 17.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The District Munsif - cum - Judicial Magistrate, Vedasandur .

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

ebsi C.R.P(PD)(MD)No.1213 of 2025 17.04.2025 6/6