Madras High CourtCRP(MD)/2027/2016disposed of

S.Murugesan, v. The State Of Tamil Nadu,

2016-10-04Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.10.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P(PD)(MD)No.2027 of 2016 1.S.Murugesan 2.M.Mohana Selvi .. Petitioners/Plaintiffs -vs1.The State of Tamil Nadu, represented by the District Collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverambur Taluk, Thiruverambur,Trichy District.

3.Manikandan .. Respondents/Defendants Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Principal District Munsif, Trichy to dispose of O.S.No.73 of 2014 in a strict manner within the time stipulated by this Court.

For Petitioners : M/s.C.Vakeeswaran

ORDER

This revision has been filed seeking for a direction to direct the Principal District Munsif, Trichy to dispose of O.S.No.73 of 2014 in a strict manner within the time stipulated by this Court.

2.According to the Petitioner, the Petitioner herein has filed O.S.No.73 of 2014, on the file of the Principal District Munsif Court, Trichy for declaration that the Petitioners are the legal heirs of the deceased Nanthini and for consequential relief directing the second defendant to issue the legal heirship certificate to them. The said suit is pending for more than two years without any progress. The respondents have entered appearance on 28.02.2014 and thereafter, the third respondent filed the written statement on 06.08.2014. The defendants 1 and 2/official respondents were set exparte on 24.11.2014. Subsequently, the Petitioners have also filed another application under Order 7 Rule 14 of C.P.C. The said https://hcservices.ecourts.gov.in/hcservices/

application was allowed. As on today, no interlocutory application was pending for disposal before the Court below. Hence the Petitioners have filed the present Civil Revision Petition for the relief stated supra.

3.Considering the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits of the case, this Court is inclined to pass the following order:

If there is no other impediment in disposing the above said suit, the Principal District Munsif, Trichy is directed to dispose of O.S.No.73 of 2014 on merits and in accordance with law, after providing opportunity of hearing to the respondents, as expeditiously as possible.

4.With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To The Principal District Munsif, Trichy.

+1 cc to Mr.C.Vakeeswaran, Advocate in SR No.58398 C.R.P(PD)(MD)No.2027 of 2016 04.10.2016 vsn anr/ss2/24.10.2016/p2/3c https://hcservices.ecourts.gov.in/hcservices/