Madras High CourtCRP(MD)/1939/2021allowed

R.Ramalingam v. Nalliammal(Died)

2021-12-23Honourable Ms. Justice P.T. Asha2 pages

C.R.P.(PD) (MD) No.1939 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(PD) (MD) No.1939 of 2021 1.R.Ramalingam 2.R.Karthik 3.R.Vimal .. Petitioners/Defendants 1, 4 & 5 -vsNallammal (Died) 1.K.S.Markandan 2.K.Indira 3.Anbumaran Sundari (Died) 4.Gowtham 5.Vinith Kumar 6.S.Mallika .. Respondents/Plaintiffs 1 to 7 Prayer :- Petition filed under Article 227 of the Constitution of India to direct the Principal Subordinate Judge, Madurai, to expedite the proceedings pending in O.S.No.246 of 2006 and pass final order within a period stipulated by this Court. For Petitioners :

Mr.N.Sathish Babu

ORDER

This Civil Revision Petition is filed for a direction to the learned Principal Subordinate Judge, Madurai, to expedite the proceedings in O.S.No.246 of 2006.

2.When the matter had come up for admission on 20.12.2021, this Court had noticed that the B-Diary extract contained several entries with the endorsement "Await CRP records". Therefore, an explanation was called for from the learned Principal Subordinate Judge, Madurai, since the revision was a PD revision. A detailed explanation is also offered by the learned Principal Subordinate Judge, Madurai, vide his letter dated 22.12.2021 addressed to the Additional Registrar General of this Bench. A reading of this would show that the records, which had been sent to the I Additional District Court, Madurai, for the hearing of C.M.A.No.20 of 2007 has been wrongly mentioned as "Await CRP records". The learned Principal Subordinate Judge, Madurai, has also submitted that the records have already been received by him from the I Additional District Court, Madurai, and the matter is posted on 05.01.2022. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD) (MD) No.1939 of 2021 3.In view of the above, this Civil Revision Petition is allowed, directing the learned Principal Subordinate Judge, Madurai to dispose of the suit in O.S.No.246 of 2006 within a period of three months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) abr 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 1.The Principal Sub Judge, Madurai.

2.The I Additional District Judge, Madurai, COPY TO:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

C.R.P.(PD) (MD) No.1939 of 2021 Dated: 23.12.2021 GM(CO) GC(19.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2