P.P.V. Annamalai v. Balachandran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(MD)No.2387 of 2023

1. P.P.V.Annamalai

2. P.P.V.Panchacharam

3. P.P.V.Subaiah

4. P.P.V.Velayutham ... Petitioners/Defendants 14 and 16 to 18 -vs1. V.Balachandran

2. Meenakshi Aachi

3. V.Subramanian

4. V.Sekar ... Respondents 1 to 4/Plaintiffs

5. Kamatchi

6. Padmavathy

7. Thirugnanasampath

8. Meenal W/o.Subramanian

9. Thiyagarajan @ Nagappan

10. Kalyani

11. Pillammai

12. Deivanai Achi

13. Vasanthaal

14. Indhra

15. Seetha

16. Meenal W/o.Somasundaram 1/5

17. Vijaya

18. P.P.V.Deivanai Aachi ... Respondents 5 to 18/Defendants 1 to 13 PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal District Judge, Sivagangai to dispose of O.S.No.41 of 2017, within the time frame fixed by this Court.

For Petitioners : Mr.S.Ramesh

O R D E R

The present Civil Revision Petition has been filed by the petitioners under Article 227 of the Constitution of India, to direct the learned Principal District Judge, Sivagangai, to dispose of O.S.No.41 of 2017, within the time frame fixed by this Court.

2. The petitioners herein are the defendants 14 and 16 to 18. The respondents 1 to 4 are the plaintiffs and the respondents 5 to 18 are the defendants 1 to 13 before the Court below.

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3. The learned counsel appearing for the petitioners would submit that the plaintiffs have filed the suit for the relief of partition and the learned counsel for the petitioners would also invite the attention of this Court in respect of diary extract where the suit has been pending since March 2022 for P.W.1 cross-examination. It is also further submission of the learned counsel for the petitioners that the petitioners are the senior citizens and the petitioners 1 to 4 are aged about 78 years, 74 years, 71 years and 68 years respectively. Therefore, he prayed to pass an order for speedy disposal of the case.

4. Since the Civil Revision Petition is filed for early disposal of the case, no notice is necessary to the respondents herein.

5. Having considered the submission made by the learned counsel for the petitioners and having taken cognizance of the stage of the suit, this Court deems it appropriate to give a direction to the Court below to dispose of the suit within the time frame.

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6. In the result, this Civil Revision Petition stands allowed, directing the Principal District Court, Sivagangai, to dispose of the suit in O.S.No.41 of 2017 as expeditiously as possible, preferably within a period of four months from the date of receipt of the copy of this order. There shall be no order as to costs.

21.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Principal District Court, Sivagangai.

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C.KUMARAPPAN,J.

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