P. Azhagar, v. P. Nagalingam,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN P.Azhagar ... Petitioner/ Plaintiff vs.
1. P.Nagalingam
2. Thangam
3. Samuthiram ... Respondents/ Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Pudukottai to dispose of the suit in O.S.No.379 of 2021 pending on its file at the earliest within the time frame fixed by this Court. For Petitioner : Mr.K.C.Maniyarasu
O R D E R
The present Civil Revision Petition has been filed by the petitioner under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Pudukottai to dispose of the suit in O.S.No. 379 of 2021within the time frame fixed by this Court.
2. The learned counsel appearing for the revision petitioner would submit that the revision petitioner, who is the plaintiff before the trial Court, has filed a suit for the relief of partition.
3. It is submitted by the learned counsel appearing for the revision petitioner that the suit is now at the stage of framing of issues.
4. The learned counsel appearing for the revision petitioner would draw the attention of this Court in respect of the medical records of the revision petitioner and would contend that the revision petitioner has got some brain injuries and aged about 52 years. Therefore, he prayed to pass an order for speedy disposal of the case.
5. Since the Civil Revision Petition is filed for speedy disposal of the case, notice to the respondents is dispensed with.
6. Considering the submissions made by the learned counsel appearing for the revision petitioner and the nature of the ailment suffered by the revision petitioner and also considering the stage of the suit, this Court deems it appropriate to give a direction to the Court
below to dispose of the suit in O.S.No.379 of 2021 as expeditiously as possible.
7. In the result, this Civil Revision Petition is allowed by directing the learned Principal Subordinate Judge, Pudukottai to dispose of the suit in O.S.No.379 of 2021 as expeditiously as possible, preferably, within a period of 9 months from the date of receipt of copy of this order and it is made clear that both the parties are directed to co-operate with the trial. There shall be no order as to cost.
19.09.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No csm To
1. The Principal Subordinate Court, Pudukottai.
C.KUMARAPPAN , J.
csm ORDER MADE IN Dated : 19.09.2023