Madras High CourtCRP(MD)/1198/2022disposed of

Ulagammal(Died), Vijayalakshmi, v. Annalakshmi

2022-08-08Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.R.P(MD)No.1198 of 2022 Ulagammal (Died) Vijayalakshmi ... Petitioner Vs 1.Annalakshmi 2.Packiyalakshmi 3.Sivaramakrishnan 4.Alagammal 5.Shankar 6.Subbaiah Thevar ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif to dispose of E.P.No.14 of 2018 in O.S.No.129 of 2007, on the file of the District Munsif Court, Shenkottai, within a time fixed by this Court. For Petitioner : Mr.T.Selvan For Respondents : No appearance 1/5

O R D E R

This petition has been filed to direct the learned District Munsif, Shenkottai to dispose of E.P.No.14 of 2018 in O.S.No.129 of 2007, within a time fixed by this Court.

2.The learned Counsel appearing for the petitioner submits that the mother of the petitioner and the respondents 1 to 5 have filed the suit in O.S.No.129 of 2007, before the District Munsif Court, Shenkottai. On 06.08.2009, exparte judgment and decree was passed by the trial Court. The sixth respondent filed a petition to set aside the exparte decree with delay and the same was dismissed. Thereafter, the mother of the petitioner filed E.P.No.14 of 2018 before the District Munsif Court, Shenkotti for delivery. While so, the mother of the petitioner died. Hence, the petitioner and the respondents 1 to 5 have been impleaded as parties in E.P.No.14 of 2018. The grievance of the petitioner is that the sixth respondent is dragging on the proceedings by filing unnecessary 2/5

petitions and the learned District Munsif is also entertaining the same. Hence, the petitioner has come up with this present Civil Revision Petition seeking for early disposal of E.P.No.14 of 2018 in O.S.No.129 of 2007.

3.This Court considered the submissions of the learned counsel for the petitioner and also perused the materials placed on record.

4.It is seen from the records that the suit is of the year 2007 and it was decreed on 06.08.2009. Thereafter, EP was filed in the year 2018 and it is still pending before the District Munsif Court, Shenkottai, citing various reasons.

5.Considering the limited prayer sought for by the petitioner in this Civil Revision Petition and considering the fact that the suit is of the year 2007 and EP is pending from the year 2018, this Court is 3/5

inclined to dispose of this Civil Revision Petition with a direction to the learned District Munsif, Shenkottai to dispose of E.P.No.14 of 2018 in O.S.No.129 of 2007, within a period of four months from the date of receipt of a copy of this order.

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

08.08.2022 Index : Yes / No.

Internet : Yes / No.

vrn To The District Munsif Court, Shenkottai.

4/5

B.PUGALENDHI, J.

vrn C.R.P(MD)No.1198 of 2022 08.08.2022 5/5