S.Ganesan v. Nachammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.R.P(MD)No.1161 of 2022 and CMP (MD) No.3922 of 2022 S.Ganesan ... Petitioner Vs 1.Nachammal 2.Amaravathy 3.Saraswathy 4.Navanathan 5.Chandran 6.Maharajan 7.Palanisamy 8.Sikkander Ali 9.P.Kani 10.K.Umasankar 11.K.Vennimuthan 12.Ms.Geetha 13.S.Somasundaram 14.S.Rethinammal 15.The Tahsildar Kariyapatti Taluk, Virudhunagar District.

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16.The Sub-Register, Kariyapatti Taluk, Virudhunagar District.

... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge Aruppukottai to dispose of O.S.No.152 of 2018, pending on the file of the learned Subordinate Court, Aruppukottai, within the time frame fixed by this Court.

For Petitioner : Mr.M.Govindan For R14 : Mr.C.Mayilvahana Rajendran For R15 & 16 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R1 to R13 : No appearance

O R D E R

This Civil Revision Petition has been filed to direct the learned Subordinate Judge, Aruppukottai to dispose of O.S.No.152 of 2018 within a stipulated time fixed by this Court. 2.The learned Counsel appearing for the petitioner submits that he has filed the suit in O.S.No.152 of 2018 before the Subordinate 2/5

Court, Aruppukottai, for the relief of declaration. The petitioner is a retired Lieutenant Colonel from Indian Army and after his voluntary retirement on 17.02.2013, he purchased a piece of land in S.No.67/2A1 in Musttakurichi, Virudhunagar District from one T.Palchamy Pandaram. Since there is dispute over the property, he filed a suit in O.S.No.152 of 2018 before the Subordinate Court, Aruppukottai on 06.09.2018. The grievance of the petitioner is that though the suit was filed in the year 2018, there is no progress in the suit. Hence, he filed the present Civil Revision Petition for early disposal of the suit in O.S.No.152 of 2018. The details of case status has also been produced by the petitioner. 3.The learned Counsel for the contesting respondents submits that totally there are 16 defendants in the above suit and some of the defendants have to be served.

4.From the details of case status produced by the petitioner, it is seen that the suit is of the year 2018 and it is being adjourned from 3/5

06.01.2021 to 08.06.2022 under the caption "IA Pending". 5.Under such circumstances, this Civil Revision Petition is disposed of with a direction to the learned Subordinate Judge, Aruppukottai, to dispose of O.S.No.152 of 2018, within a period of eight months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. 08.08.2022 vrn To The Subordinate Court, Aruppukottai 4/5

B.PUGALENDHI, J.

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