Madras High CourtCRP(MD)/1595/2023disposed of

Muthu v. Soundarrajan

2023-07-06Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Muthu ... Petitioner Vs.

1.Soundarrajan 2.Ramalingam Nayakkar 3.Nalluchamy 4.Dhanam 5.Duraichamy 6.Subramani 7.Alagar 8.Durai 9.Soosai Mary @ Soosaiammal Subramani (Died) 10.Aarumagam Sinthamaniammal (Died) 11.Saroja Page No. 1 of 4

12.Ramamoorthy 13.Anjammal 14.Kandasamy 15.Manikandan 16.Thangapandiyan 17.Saravanakumar ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to expedite the proceedings in O.S.No.363 of 2004 pending on the file of the Principal District Munsif Court, Manapparai and dispose of the same within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Rajamohan

O R D E R

This Civil Revision Petition is filed to expedite the proceedings in O.S.No.363 of 2004 pending on the file of the Principal District Munsif Court, Manapparai and dispose of the same within a stipulated time that may be fixed by this Court.

2. The petitioner is the third defendant in O.S.No.363 of 2004. According to the petitioner/third defendant, the first respondent/plaintiff filed Page No. 2 of 4

suit in O.S.No.363 of 2004 for partition of suit schedule property on the file of the Principal District Munsif Court, Manapparai. The said suit was allowed on 29.09.2016 as prayed for, against which, the petitioner/third defendant preferred an appeal in A.S.No.132 of 2016 on the file of the I Additional Sub Court, Tirchy and the same was allowed in favour of the petitioner by remanding the case back to the Trial Court with a direction to implead one Chinthamani Ammal as a party to the suit and dispose of the suit within a period of 6 months from the date of receipt of the order.

3. Meanwhile, some of the defendants died and steps were taken and suit is now pending for taking steps under Order 22 Rule 4 of the Code of Civil Procedure, 1908 for the death of the tenth defendant and for cross-examination of other defendants.

4. It is submitted that the suit is pending for the past 20 years without any progress and the petitioner is suffering from ailment and was driven from pillar to post for many years due to the pendency of the suit. Therefore, the present Civil Revision Petition is preferred by the petitioner/third defendant for speedy disposal of the suit within a time to be stipulated by this Court. Page No. 3 of 4

K.GOVINDARAJAN THILAKAVADI, J.

jen

5. Considering the facts and circumstance of the case, the Principal District Munsif Court, Manapparai is directed to dispose the above suit, expeditiously, without any unnecessary adjournments, within a period of 3 months from the date of receipt of a copy of this order.

6. Accordingly, this Civil Revision Petition is disposed of. No cost. 06.07.2023 NCC :Yes/No Internet: Yes/No Index: Yes/ No jen To The Principal District Munsif Court, Manapparai.

Page No. 4 of 4