Madras High CourtCRP(MD)/1311/2015disposed of

Tmt. Shanthi, v. Petchiammal,

2018-09-25Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2018

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.R.P.(MD)No.1311 of 2015 Shanthi .. Revision Petitioner/Petitioner/Plaintiff Vs.

1.Petchiammal 2.Vijayalakshmi 3.R.Santhanaraj 4.Bose Morayis 5.Manthiram 6.Selvanayagam 7.Shamugasundaram 8.Somasundaram .. Respondents/Respondents/Defendants Prayer : This revision petition is filed under Section 227 of the Constitution of India, to direct the Incharge Sub Judge, Tuticorin to dispose of I.A.No.485 of 2013 in O.S.No.187 of 2013 on the file of the Sub Court, Tuticorin.

For Petitioner : Mr.S.Siva Thilakar For R-1 : Mr.J.Asok For R-2 : Mr.C.Jeganathan For R-3 : Mr.T.Selvan R4 : Dismissed vide order dated 14.12.2017 For R5 to R-8 : No appearance

O R D E R

This Civil Revision Petition has been filed to direct the Sub Judge, Tuticorin to dispose of the I.A.No.485 of 2013 in O.S.No.187 of 2013 on the file of the Sub Court, Tuticorin. 2.On the side of the petitioner, it is stated that the petitioner has filed a suit in O.S.No.187 of 2013 for a prayer of partition. In I.A.No.485 of 2013 for a prayer of injunction and the injunction was granted on 30.05.2013 and was extended up to 08.12.2014. On 04.02.2015 the interim order was not extended by the learned Incharge of the Subordinate Judge. If the property is being encumbered, the prayer of petitioner may be affected, in the circumstances, the petitioner requests for a disposal of the I.A.No.485 of 2013.

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3.On the side of the respondent, it is stated that the main suit itself can be disposed of instead of disposing I.A.Petition. 4.Records Perused.

5.It seems that the suit is pending for partition. If the properties are alienated the rights co-owners or co-shares may be affected.

6.In this circumstances, the learned Subordinate Judge, Tuticorin, is directed to dispose of the case in O.S.No.187 of 2013 within a period of one month from the date of receipt of a copy of this order. This Civil Revision Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) To The Subordinate Judge, Tuticorin.

+1cc to Mr.S.Siva Thilakar,Advocate Sr.No.86495 +1cc to M/s.Veera Associates,Advocate Sr.No.86867 LS KM-VB/PM/SAR3/10.12.2018/2P/4C C.R.P.(MD)No.1311 of 2015 25.09.2018 https://hcservices.ecourts.gov.in/hcservices/