Madras High CourtCRP(MD)/506/2017dismissed

G.Balakrishnan v. Indhurani

2017-03-22Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.03.2017 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN, CRP(MD)PD NO. 506 Of 2017 G.Balakrishnan ...Petitioner/1st Defendant

Versus

1.Indhurani ...1st Respondent/ Plaintiff 2.Kumaradhas 3.Rajagopal 4.M.Mahalingam 5.Amaladhas 6.Kanagammal 7.Nesammal, 8.Rajammal 9.Christopher 10.Jebamony 11.Srinivasan, 12.Revathi 13.Palayan 14.Chellaswamy ...2 to 14 Respondents/2 to 14 Defendants Prayer:

This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub Court, Padmanabhapuram, to expeditiously dispose of the suit in O.S.No.120 of 2006 within the time frame fixed by this Court.

For Petitioner : Mr.H.Thaynumanaswamy

ORDER

This revision petition is field to expedite the trial of the suit in O.S. No.120 of 2006 on the file of the Sub Judge, Padmanabhapuram.

2.When the matter came for admission, this court sought for report from the concerned court. The Presiding Officer of the Court has submitted the following report about the status of the suit. https://hcservices.ecourts.gov.in/hcservices/ "Suit in O.S.No.120 of 2006 was filed by the plaintiff one Indurani for Partition against the defendants 1 to 5 on 25.09.2006.

The written statement of D2,4,5 filed on 06.03.2007. Issues were framed on 16.03.2007. The third party strangers were impleaded as Additional D6 to D10 as per order in I.A.266/2007, dated 25.09.2007. The written statement of D6 to D9 was filed on 06.10.2009. Additional D10 died and his LRs were impleaded as Additional D11 to 14 as per order in I.A.103/2011, dated 03.02.2012. The written statement of D12 was filed on 30.10.2012. The written statement of D11, 13 was filed on 14.02.2013. Additional D6 died and his Lrs 2343 impleaded as Additional D15 to 19 as per order in I.A.572/2016, dated 04.01.2017. Now steps for consequential amendment is pending and posted on 21.03.2017."

3.Since, now some new defendants have been impleaded due to the death of the defendants, the matter is posted for consequential amendment and for further proceedings. This court finds that there is no delay on the part of the Court. Therefore, the revision petition is dismissed with an observation that the trail court shall take up the suit on priority basis, avoiding unnecessary adjournments and dispose of the suit at the earliest. No costs. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To The Sub Judge, Padmanabhapuram.

+1 cc to MR.H.THAYUMANASWAMY,ADVOCATE,SR NO.17170 arul MAS/RR/SAR3:04.04.2017:2P-3C CRP(MD) NO. 506 Of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/