Madras High CourtCRP(MD)/777/2022allowed

Mariyappan v. Mani,

2022-04-06Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.777 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM:

THE HONOURABLE MRS. JUSTICE S.ANANTHI C.R.P(MD).No.777 of 2022 Mariyappan

...Petitioner

Vs.

1.Mani 2.Sekar 3.Maniom 4.Rajadurai

...Respondents

PRAYER : This Civil Revision Petition is filed under Section 227 of the Constitution of India, to dispose of I.A.No.708 of 2018 in O.S.No.105 of 2018 pending on the file of the Sub Court, Sankarankovil, Tirunelveli District within the time as stipulated by this Court.

For Petitioner : Mr.J.Balameenakshi

O R D E R

This Civil Revision Petition has been filed to direct the learned Sub Judge, Sankarankovil, to dispose of I.A.No.708 of 2018 in O.S.No.105 of 2018 within a time frame.

2.The learned counsel for the petitioner submitted that the petitioner is bonafide purchaser of the suit property and he is possession and enjoyment of the same. The first and second respondents filed the suit with an intention to grab the suit property. Hence, the petitioner filed I.A.No.708 of 2018 to implead himself as a party to the suit. The first and second respondents filed their written statement in the said petition. However, the learned Sub Judge, Sankarankovil is kept pending the case without making any progress. Hence, he seeks expeditious disposal of the said petition.

3.Heard the learned counsel for the petitioner. Considering the nature of relief to be granted, issuance notice to the respondent is dispensed with.

4.On a perusal of records, it is seen that the revision petitioner purchased the suit property during the pendency of the suit. When he came to know that a suit has been filed in respect of his property, he filed a petition to implead himself in the suit as defendant, since he has purchased the suit property. Since, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.777 of 2022 said petition is pending from the year 2018, the learned Sub Judge, Sankarankovil is directed to dispose of I.A.No.708 of 2018 in O.S.No.105 of 2018 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To The Subordinate Judge, Sankarankovil.

C.R.P(MD).No.777 of 2022 06.04.2022 RK(18/04/2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2