Madras High CourtCRP(MD)/635/2015disposed of

K.R.Rajendran, v. K.R. Chelliah (Deceased)

2015-03-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2015

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.R.P.(MD).No.635 of 2015(PD) K.R.Rajendran ... Petitioner/Petitioners/2nd Defendant vs.

K.R.Chelliah(Deceased) A.Karuppaiah(Deceased) 1.Vasanthal Chellammal(Deceased) C.Kumar(Deceased) 2.C.Vigneswaran 3.C.Ravi 4.C.Maheswaran 5.K.Devi 6.Minor K.Arunachalam (Minor rep by his mother and natural guardian, 5th respondent) 7.Somavalli ... Respondents/Respondents /3rd Parties.

PRAYER: This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub-Court, Devakottai to dispose the final decree application in I.A.No.564 of 2013 in O.S.No.57 of 1985 within a time frame and pass such further or other orders as this Court may deem fit and proper.

For Petitioners : Mr.D.Venkatesh

O R D E R

This civil revision petition is filed by the second defendant in O.S.No.57 of 1985 on the file of the Subordinate Court, Devakottai, which was filed for partition.

2.The suit was decreed and it had come up to this Court and the decree was confirmed. Thereafter, I.A.No.564 of 2013 is filed for passing of final decree.

3.The said application is pending from the year 2013 and it is represented by the learned counsel for the petitioner that all the respondents in the said application are served and the legal heirs of the deceased plaintiff, first defendant and fourth defendant were also brought on record. On 27.11.2014 the matter was placed before the Lok Adalat, the parties did not appear and therefore, it was sent back to the Court. Now, it has been listed before the Subordinate Court, Devakottai. https://hcservices.ecourts.gov.in/hcservices/ 4.The revision petitioner is seeking only speedy disposal of I.A for final decree, as the suit is pending form the year 1985.

5.No notice is necessary to the respondents as this Court intends to direct the trial Court to dispose of the suit at the earliest and it would not cause any prejudice to the respondents. 6.In view of the limited prayer asked by the revision petitioner only for the early disposal of the I.A, this Court is inclined to direct the Subordinate Court, Devakottai to dispose of the I.A.No.564 of 2013 in O.S.No.57 of 1985 on merits and in accordance with law, on or before 30.06.2015.

With the above direction, the civil revision petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) \\True copy\\ Sub Assistant Registrar To The Subordinate Judge, Devakottai.

+1cc to MR.D.VENKATESH, ADVOCATE SR.NO.15689 C.R.P.(MD).No.635 of 2015(PD) 30.03.2015 NS NA/10/04/2015/P2/3C https://hcservices.ecourts.gov.in/hcservices/