Madras High CourtCRP(MD)/1790/2023ordered

Kalyanasundaram v. Rajeshwari (Died) 1. Rajamani

2023-07-25Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI 1.Mr.Kallyanasundaram 2.Mr.Masilamani ... 1&2Petitioners/12th & 13th Defendants Vs.

Rajeshwari(Died) 1.Rajamani 2.Murugan 3.Shanthi 4.Kavitha ... 1 to 4Respondents/ 1 to 4 Plaintiffs 5.Raja Ayyappan(Died) 6.Maarimuthu 7.Sandhanam 8.Raman 9.Maarimuthu.V 10.Saraswathi 11.Nagammal 12.Mohankumar 13.Valarmathi 14.Raja(Exonerated) 15.Muthuramalingam 16.Lakshmi 17.Latcham 18.Kanimuthu 19.Kayalvizhi 20.Muthupandi @ Kaliyaperumal ...6 to 20 Respondents/1to11 Defendants/14to20 Defendants 1/4

Civil Revision Petition is filed under Article 227 of the Constitution of India, to dispose the suit in O.S.No.242 of 2019 pending on the file of the District Munsif Court, Athoor, Dindigul District at an early date. For Petitioner :Mr.S.Sarvagan Prabhu

ORDER

This Civil Revision Petition is filed by the petitioners for a direction to the District Munsif Judge, Athoor, Dindigul District, to dispose the suit in O.S.No.242 of 2019, at an early date.

2.According to the revision petitioners, the second petitioner is the father of the first petitioner. Originally, the first respondent filed a suit in O.S.No.708 of 2008 before the Additional District Munsif Court, Dindigul, for partition. Thereafter, the said suit was transferred to the District Munsif Court, Athoor and renumbered as O.S.No.242 of 2019 and the same is pending till date, without any progress.

3.The learned counsel appearing for the petitioners would submit that from the date of filing the suit, it has been adjourned periodically without any progress and without any reason. Hence, a direction is sought for early disposal of the above suit within the stipulated time fixed by this Court. 2/4

4.Considering the submissions made by the learned counsel for the petitioners, this Court directs the learned District Munsif, Athoor, Dindigul District, to dispose the suit in O.S.No.242 of 2019, on merits and in accordance with law, as expeditiously as possible, without giving unnecessary adjournments, after affording sufficient opportunities to the respective parties to put-forth their contentions, within a period of three months from the date of receipt of a copy of this order. 5.With the above direction, this Civil Revision Petition is disposed of. No costs.

25.07.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The District Munsif Court, Athoor, Dindigul District.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

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