V.Vincent v. C.Bhargavi Amma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY V. Vincent ... Petitioner Vs.
1. Bhargavi Amma
2. S. Sathayaraj
3. Y. Joshua
4. Y.Muthayyan
5. Y.Joseph
6. Y.Ponnumani
7. C. Daniel
8. D.Kesavan
9. D. Varuvel 10.D. Daveedu 11.D.Pakianathan U.Poul(Died) (Respondents 58 to 60 are the legal heirs) 12.P.Thankayyan 13.C.Thankayyan Nadar 14.P.Joseph Nadar 15.B. Perinpanayagam 16.P.Kunjamma Pillai 17.C.Ammukutty Amma 18.J.Varghese Nadar 19.J. Nesan Nadar (D. Ponnumuthan Nadar (died), 20.K. Thankappan Nair, P.Sanku Nadar(Died) 21.P.Kamalamma 22.Gnanamma 23.A.Nallathampi 24.A.Nesamony N.Rayappan(Died) 25.R.Lekshmi Muthamma 26.Elizabeth 27.R. Thomas 28.R.Augustian 29.Latha 30.D.Michael 31.D.Francis 32.D.Rosamma 1/3
33.D.Thankamma 34.V.Bhaskara Pillai 35.C.Nesamony 36.Ammu Kutty 37.Gnanamma 38.S.Rajappan 39.S.Jepamony 40.S.Arulappan 41.B.Omana Amma 42.B. Vijayamma 43.B.Kamalalakshi 44.C.Sukumaran 45.C.Gopi 46.C.Vincent 47.Nesammal 48.T.Venus 49.T.Valsalam 50.T.Vijayakumar 51.S.Kanakaraj 52.V.Selvi 53.Lillu Bai 54.V.Elsy 55.V.Johnsy 56.V.Sulochana 57.Vimala 58.P.Thankayyan 59.P.Chellayan 60.P.Sundaram 61.S. Raju 62.S.Vinu 63.S. Kuttapan 64.Monian 65.Raju 66.Simon 67.Karnan 68.Baby 69.Mary 70.Palayyan Nadar 71.Yesudhas 72.Vijayan 73.Moni 74.Sara 75.Prameela ... Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India for issuing a direction to dispose of the Application in I.A.No.374 of 2007 in A.S.S.R.No. 3926 of 2007, on the file of the Sub Court, Kuzhithurai.
For Petitioner : Mr.C.K.M. Appaji 2/3
ORDER
This Civil Revision Petition has been filed for issuing a direction to dispose of the Application in I.A.No.374 of 2007 in A.S.S.R.No. 3926 of 2007, on the file of the Sub-Court, Kuzhithurai.
2. The learned counsel appearing for the revision petitioner / plaintiff submitted that he has moved an application before the Court below to condone the delay of 6 days in filing the first appeal. However, the said application is pending, till the date of filing of revision petition, though Court notice were served on all the defendants and the same is pending for 12 years.
3. This Court also called for a report from the Court below for the reasons for not disposing the said application by the Court below. On perusal of the report received from the Court below, it is seen that there are 75 defendants in the present partition suit. Therefore, one after another many of the defendants have passed away. Hence, there is a delay in filing an application to implead their Legal Heirs. Therefore, the delay of 12 years had occurred.
4. Considering the above facts and circumstances of the case, this Court directs the learned Subordinate Judge, Kuzhithurai, to dispose of the application within a period of three months from the date of receipt of a copy of this order, and send a compliance report to this Court.
5. Accordingly, this Civil Revision Petition is disposed of. No costs.
Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) trp To The Sub Judge, Kuzhithurai.
Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. (For Watching Report) +1 cc Mr. C.K.M.APPAJI ,Advocate, SR.No. 85294 05.09.2019 KK/SAR/24.10.2019/3P-4C/ 3/3