S.Pilavadichamy, v. Sundharabaalan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.[MD]No.2318 of 2018 S.Pilavadichamy : Petitioner/Respondent - 13 Vs.

1.Sundharabaalan :1st Respondent/Appellant Sundharamahalingam (Died) Pilavadimoopanaar (Died Marimuthu (Died) 2.Gottur @ Gurusamy Moopanaar 3.Thonthi Moopanaar 4.Sundharamahalinga Moopanaar 5.Pilavadi Moopanaar Manjammal (Died) R.Ponnuchamy Moopanaar (Died) 6.Sundharammal Ananthavalliyammal (Died) 7.Ramasamy Moopanaar 8.S.Sundharajan 9.Gomathiyammal 10.Sundharammal 11.Thonthiyammal 12.Thangamaari 13.Gomathi 14.Ananthi 15.Sundharammal 16.Boomari 17.Pandiyan 18.Unnamalaiyammal 19.Maragatham Ammal 20.Rukkumaniyammal Suryanarayanan (Died) 21.Parvathinathan 22.Saraswathi 23.Sulotchana Ammal 24.Ananthavalli Ramanatha Moopanaar (Died) 25.Nallamuthu Ammal 26.Minor Somasundharam Sattamani @ Sattanathan (Died) 27.Shanmugasundaharam 28.S.Ponnuchamy Moopanaar 29.Sundharamahalingam : Respondents 2 to 29/ Respondents 4 to 7,10,12 to 26,28 to 31, 33,34 and 36 to 38 PRAYER: Petition filed under Article 227 of the Constitution of India, praying to direct the learned Sub-Court at Srivilliputtur to

dispose of the A.S.No.7 of 2015 within a stipulated period. For Petitioner : Mr.M.Thirunavukkarasu

O R D E R

************ This Civil Revision Petition has been filed seeking to direct the learned Subordinate Court at Srivilliputtur to dispose of A.S.No.7 of 2015, within a stipulated period. 2.The petitioner is respondent No.13 in A.S.No.7 of 2015 on the file of the Subordinate Court, Srivilliputhur, Virudhunagar District. The said appeal in A.S.No.7 of 2015 is challenging the final decree proceedings.

3.Though the appeal has been filed in the year 2015, the same is pending for the past three years without any further progress. Therefore, the petitioner has approached this Court with the present petition invoking Article 227 of the Constitution of India. 4.Heard the learned Counsel appearing for the petitioner and perused the records.

5.Admittedly, the appeal was filed in the year 2015. The same is pending for more than three [3] years. As per the Civil Procedure Code, the appeal should be disposed of within a particular period of time. But, the appeal is pending for the past three [3] years, being numbered in the year 2015.

6.Therefore, this Court is inclined to pass the following order:

i)The Subordinate Judge, Srivilliputhur is directed to dispose of A.S.No.7 of 2015, within a period of one [1] month from the date of receipt of a copy of this order, without giving any adjournments to either parties.

ii)Both the parties are directed to co-operate for the early disposal of the appeal.

iii)After passing orders in A.S.No.7 of 2015, the learned Subordinate Judge, Srivilliputhur, is directed to file a report before this Court within a period of ten [10] days from the date of the judgment.

No costs.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar (CS-I)

To The Subordinate Judge, Srivilliputtur.

Copy to: The Section Officer, VR Section(CRP Seat), Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.M.Thirunavukkarasu, Advocate, SR.No.90932 C.R.P.[MD]No.2318 of 2018 16.10.2018 mr KK/SV/SAR-1/30.10.2018/3P-5C