V.Rajkumar v. V.Venkadasamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2019
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU V.Rajkumar ... Petitioner/ Plaintiff Vs.
1.V.Venkadasamy 2.V.Tamilselvi 3.V.Balamurali 4.V.Madhusuthanan 5.V.Srinivasan 6.S.Vani Vidhya Lakshmi 7.S.Sri Venkateswara Arun 8.Secretary, TN Spl.32 the Kovilpatti, Cooperative Housing Society Ltd., Ettayapuram Road, Kovilpatti - 628 501.
9.S.Neelavathy 10.E.Chellathai 11.G.Rajagopal 12.R.Indirani rep. through her Power Agent, G.Nammalvar S/o.Gopalakrishnan 13.S.Durairaj 14.S.Govindaraj 15.S.Kanagalakshmi 16.P.Subburaj 17.S.Balasubramaniam S.Krishnasamy (died) 18.K.Lalitha 19.K.Smithira 20.S.Narayanasamy 21.N.K.Raju 22.P.Saraswathi 23.S.Krishnamurthy 24.C.Usharani 1/3
25.P.Ramakrishnan 26.N.Saraswathi 27.R.Rengathan 28.Linganna 29.S.Thirumalaiammal 30.V.Mariammal 31.A.Perumalsamy Naicker 32.R.Ayyalusamy 33.B.Ranganayagalu 34.P.Rangaraj 35.R.Srinivasa Raghavan 36.T.Ramasamy 37.T.Ethirajammal 38.T.Perumalsamy 39.T.Varatharaj 40.S.Veerasamy 41.A.Haja & A.Jamal Nez Zenith Opticals, No.208, Elayarasanendal Road, Kovilpatti - 628 501.
42.Rajammal 43.Maheswari ... Respondents / Defendants PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the learned Subordinate Judge, Kovilpatti, to take on file the suit in O.S.No.17 of 2005 and dispose of the suit on merits and as per law. For petitioner : Mr.R.Meenakshi Sundaram
ORDER
This Civil Revision Petition has been filed by the petitioner seeking a direction to the learned Subordinate Judge, Kovilpatti, to take on file the suit in O.S.No.17 of 2005 and dispose of the suit on merits and as per law.
2. When the matter came up for hearing on 14.08.2019, this Court directed the Court below to report as to whether O.S.No.17 of 2005 is pending or not, and if it is still pending, as to why the suit has been pending for about 14 years.
3. The learned Subordinate Judge, Kovilpatti, has submitted a report dated 22.08.2019, stating that the case bundle in O.S.No.17 of 2005 was transmitted to the Special Court, Financial Establishment Act Cases, Chennai, as per the order passed by the then Subordinate Judge, Kovilpatti in O.S.No.17 of 2005, dated 10.09.2008, along with the judgment and original decree for further 2/3
proceedings and then this Court received the entire records from the Special Court under TNPID Act cases, Madurai in D.No.244, dated 23.03.2017. It is further stated in the report that the suit property has been attached by the Government and it is made absolute by the Court on 24.08.2012 in O.A.No.21 of 2008. Without order raising attachment of suit property, the suit for partition cannot be entertained. As there is no information from the Special Court as to whether the attachment is raised or not, the Court issued notice to both parties and posted for appearance on 09.09.2019 to clarify as to whether the attachment is raised or not.
4. In view of the above, this Court is not inclined to issue any direction as prayed for. It is always open to the petitioner to approach the Court below, explain as to whether the attachment is raised or not? and take further course of action in accordance with law.
5. With the above observation, this Civil Revision Petition is dismissed. No costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To The Subordinate Judge, Kovilpatti.
+1 CC to M/s.R. MEENASHI SUNDARAM, Advocate ( SR-83669[F] dated 27/08/2019 ) 27.08.2019 gcg JM/30.09.2019/3P/3C 3/3