Madras High CourtCRP(MD)/1877/2014disposed of

Gunasekaran v. Kanagarajan

2020-11-05Honourable Mr Justice R. Mahadevan2 pages

C.R.P(NPD)(MD)No.1877 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.11.2020 Coram:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.R.P(NPD)(MD)No.1877 of 2014 Gunasekaran ... Petitioner/1st Respondent/1st Defendant .vs.

1.Kanagarajan 2.Chandra ... Respondents/Plaintiff/2nd Defendant Prayer:-Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Sub-Court, Pudukkottai to expedite disposal of I.A.No.725 of 2013 in O.S.No.339 of 2013 on the file of Sub-Court, Pudukkottai within stipulated time. For Petitioner : Mr.G.Mathavan For R1 : Mr.N.Balakrishnan For R2 : No appearance

ORDER

This Civil Revision Petition has been filed by the petitioner, to direct the Sub-Court, Pudukkottai to expedite disposal of I.A.No.725 of 2013 in O.S.No.339 of 2013 on the file of Sub-Court, Pudukkottai within stipulated time.

2. Heard the learned counsel appearing for the petitioner as well as the first respondent.

3. The learned counsel appearing for the petitioner would submit that the second respondent/plaintiff filed a suit in O.S.No.339 of 2013 for partition and recovery of possession along with the Interlocutory Application in I.A.No.725 of 2013 for injunction seeking 1/4th share of the suit property and also subdivide the above said joint family property and handover the possession to the plaintiff and also grant an order of interim inunction restraining the respondents to create encumbrance in the suit property by way of alienating the schedule mentioned property in the plaint. According to him, the said I.A.No.725 of 2013 is still pending without any further progress and hence, the petitioner has filed the present Civil Revision Petition for seeking early disposal of I.A.No.725 of 2013 within a stipulated period fixed by this Court.

4.The prayer sought for by the petitioner is quite limited and in such view of the matter, this Court directs the Sub Court, Pudukkottai, to dispose the I.A.No.725 of 2013 in O.S.No.339 of 2013 within a period of six weeks from the date of receipt of a copy of https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(NPD)(MD)No.1877 of 2014 this order after due opportunity to both parties, if not disposed earlier. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) am/pm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The Sub Judge, Pudukkottai C.R.P(PD)(MD)No.1877 of 2014 05.11.2020 KG(CO) AP(19/11/2020) 2 P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2