Madras High CourtCRP(MD)/1339/2022disposed of

P.N.V.R.Umakandan @ O.R.Kandan v. Raja @ Karuppanj Chettiar

2022-07-21Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.N.V.R.Rmakandan @ O.R.Kandan ... Petitioner Vs 1.Raja @ Karuppanj Chettiar 2.A.Balu @ Kalathinanthan T.K.S.Manoharan (died) 3.S.D.Gopinath 4.G.Vimala 5.J.Nandini 6.S.Rengalatha 7.P.Meenakumari 8.Ratchaka 9.T.K.S.M.Udayakumar 10.Nagadevi 11.T.K.S.M.Satheeshkumar 12.R.Kumara giri ... Respondents 1/5

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Judge, Uthamapalayam to dispose of A.S.No.21 of 2018 within the time frame fixed by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : No appearance

ORDER

This petition has been filed for a direction to the Sub Judge, Uthamapalayam to dispose of A.S.No.21 of 2018 within the time frame fixed by this Court. 2.The learned Counsel for the petitioner submits that the respondents herein filed a suit in O.S.No.240 of 2011 for permanent injunction against the petitioner and the suit was dismissed on 08.03.2018. As against the same, the respondents filed an appeal in A.S.No.21 of 2018 and in appeal, stay was granted. As against the order of stay, the petitioner has filed a civil revision petition in CRP(MD)No.2092 of 2019, which was disposed of with a direction to the appellate Court to dispose of the appeal within a period of four months. Now the appeal is pending at the stage of arguments for the past four years. Despite the earlier directions of the Court, the appeal is 2/5

not disposed of yet. More over the petitioner is aged about 70 years. Therefore, he has filed the present petition. 3.Though the respondents are served and their names are printed there is no representation on their behalf. 4.The appeal is at the stage of argument for the past four years.

This Court has also in CRP(MD)No.2092 of 2019, dated 20.11.2019 directed the appellate Court to dispose of the appeal within a period of four months. Despite the direction issued in the year 2019 the appeal is still in the stage of arguments. The petitioner also claims that he is facing several age old problems.

5.Under such circumstances, the civil revision petition is disposed of with a direction to the learned Sub Judge, Uthamapalayam to dispose of the appeal in A.S.No.of 2018 within a period of four months from the date of receipt of a copy of this order. No costs.

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To The Sub Judge, Uthamapalayam.

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B.PUGALENDHI, J.

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