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Madras High CourtCRP(MD)/794/2024disposed of

R.Arumugam v. V.Sureshkumar(Died) 1. Hemalatha

2026-01-21Honourable Mr.Justice N.Senthilkumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 C O R A M THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.R.P. (MD) No.794 of 2024 R.Arumugam ... Petitioner Vs.

V.Sureshkumar (Dies) 1.Hemalatha 2.Aishwarya 3.Minor Arjun (He is represented through his mother 1st respondent.) ... Respondent PRAYER: Petitions filed under Article 227 of the Constitution of India to direct the IV Additional District Judge, Madurai District to complete the trial and dispose of the case in O.S.No.214 of 2018 pending on his file as expeditiously as possible within the time stipulated by this Court. For Petitioner : Mr.S.Balaji For Respondents : Mr.V.Sakthivel

ORDER

This Civil Revision Petition is filed to to direct the IV Additional District Judge, Madurai District to complete the trial and dispose of the case in O.S.No. 214 of 2018 pending on his file as expeditiously as possible within the time 1/5

stipulated by this Court.

2. Heard Mr.S.Balaji, Learned Counsel appearing for the Petitioner and Mr.V.Sakthivel, Learned Counsel for the Respondents and perused the materials available on record.

3. In furtherance to the order dated 02.04.2024 passed by this Court, the IV Additional District Judge has sent a report dated 13.04.2024, in D. No. 334, which reads as follows:- I humbly submit that initially the suit is filed before the Principal District Judge, Madurai and numbered as O.S.No.214/2018 and made over to this court on 04.09.2018 and the defendant did not appear before this Court and publication was effected. Even then the defendant did not appear before this court and he was set exparte and exparte decree was passed on 03.03.2021. Thereafter the defendant filed the petition to set exparte decree in 1.A.No.210/2021 and finally the petition was allowed on 21.02.2022 and also filed the written statement and it is pending for issues.

In the meantime the plaintiff expired, the LR's of the plaintiff filed the impleading petition in 1.4.No.243/23. Subsequently the impleading petition also allowed and plaintiffs 2 and 3 were ordered to be impleaded and subsequently amendment petition in L.A. No.751/2022 filed and allowed on 14.08.2023. Thereafter issues were framed on 20.09.2023 and posted for trial on 04.10.2023. Thereafter the plaintiff filed the petition 2/5

Under Order 7 Rule 14(3) in I.A.No.1092/2023 which was allowed on 06.11.2023 and posted for plaintiff side evidence on 13.11.2023. Further I have also transferred from IV Additional District and Sessions Judge, Madurai to 11 Additional District Judge for CBI Cases, Madurai on 10.11.2023 as per the proceedings in ROC No. 4722/2023/RG-B2 dated: 10.11.2023. Now the case is pending for trial from 15.11.2023 and finally it is posted to 12.06.2024. Advocate Thiru. J. Suresh has filed change of vakalath for defendant on 31.01.2024 and now the case is posted for trial on 12.06.2024. Further I submit that IV Additional District Court is vacant and I am holding full additional charge from 10.11.2023. The criminal cases are pending in IV Additional District Court are taken up on every Monday, Tuesday and Civil Cases are taken up on every Friday. Further the Hon'ble High Court direction cases and emergent cases were taken up on every working days.

Therefore I humbly submit that there is no impediment for conducting further proceedings in O.S.No.214/2018. This is for kind information and for consideration.

4. Since the learned counsel for the petitioner submitted that the suit is posted for chief examination of D.W.1, tomorrow (ie.22.01.2026), the learned IV Additional District Judge, Madurai District, is directed to complete the trial in O.S.No.214 of 2018 on his file, within a period of six months from the date of receipt of a copy of this order.

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5. With the above direction, this Civil Revision Petition stands disposed of. No costs.

21.01.2026 Index : Yes/No NCC : Yes/No Indu To:- 1.The IV Additional District Court, Madurai District. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

Indu 21.01.2026 5/5