Madras High CourtCRP(MD)/832/2017disposed of

M. Mookkiah v. K. Mayandi

2017-04-18Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P(MD)No.832 of 2017(PD) M.Mookkiah ... Petitioner vs.

1.K.Mayandi 2.P.Mahilampoo 3.S.Muthusamy 4.M.Chinna Irulan @ Kitchan 5.M.Muthukumar 6.M.Chellasamy 7.M.Singaraj 8.C.Singakumar ... Respondents Prayer:- Civil Revision Petition filed the under Article 227 of the Constitution of India, to direct the Subordinate Judge, Srivilliputhur for early disposal of the A.S.No.42 of 2016 on the file of the Subordinate Judge, Srivilliputhur and to allow the civil revision petition.

For Petitioner : Mr.M.Vijayarathinam

ORDER

The revision petitioner, who succeeded in the trial Court, is the respondent in the appeal A.S.No.42 of 2016. Due to pendency of the first appeal, he is not able to enjoy the fruits of the decree. Hence, seeks direction from this Court to the first appellate Court for early disposal.

2.According to the revision petitioner, though he succeeded in the suit, due to the appeal pending on the file of the SubCourt, Srivilliputhur in A.S.No.42 of 2016, he is not able to get the fruits of the decree.

3.It is represented that the revision petitioner is above 80 years old and being a senior citizen, if the Trial Court gives priority in taking up the appeal, he will have the satisfaction of the enjoying the decree, during his life-time. 4.Perusal of 'B' diary extract reveals that the Trial Court has not forwarded the records and the case is adjourned to 07.07.2017 with an endorsement 'await records'. https://hcservices.ecourts.gov.in/hcservices/ 5.In the above such circumstances, taking note of the age

of the revision petitioner, the Appellate Court is directed to expedite the process and dispose of the appeal in A.S.No.42 of 2016 on the file of the Subordinate Court, Srivilliputhur, at the earliest on priority basis. The Lower Court is directed to forward the records after proper indexing at the earliest. With the above direction, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Srivilliputhur.

2.The District Munsif, Srivilliputhur.

NS PSM/KP/SAR4/28.04.2017/2P/3C C.R.P(MD)No.832 of 2017(PD) 18.04.2017 https://hcservices.ecourts.gov.in/hcservices/