R.Ravindran v. R.Renukha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.2389 of 2023 R.Ravindran ... Petitioner/Defendant 1 & 2 Vs.

1.R.Renuka 2.R.Gunasundari 3.R.Vasantha

...Respondents No.1ro3/Plaintiffs

4.Mangha Thaayamaal 5.R.Mohanaraman 6.R.Chandrasekaran 7.R.Gunasekaran 8.Mrs.Nirmala 9.Renghanaayahe 10.Thasildar Taluk Office, Theni.

...Respondents No.4to10/Defendants

No.1,2,4 to 8 (No relief sought against the respondents No.4 to 10) Civil Revision Petition is filed under Section 227 of Constitution of India, to direct the Sub-Court, Theni, to expedite the trial in O.S.No.27 of 2015 and complete the proceeding within a period stipulated by this Court. For Petitioner :M/s.S.Vedavalli

ORDER

The Civil Revision Petition is filed for a direction to direct the SubCourt, Theni, to expedite the trial in O.S.No.27 of 2015 and complete the proceeding within a period stipulated by this Court. 2.Heard the learned counsel appearing for the petitioner and also perused the materials available on record.

3.According to the petitioner/3rd defendant, the respondents 1 to 3/plaintiffs have filed a suit in O.S.No.27 of 2015 before the Sub-Court, Theni, for partition and separate possession of 3/10 share of the suit properties to the plaintiffs. In the said suit, the petitioner had entered his appearance and filed his written statement on 10.01.2019. Further, the plaintiffs have not conducted the suit properly and since they have failed to take steps for the deceased Mangathayammal, the said suit was dismissed on 01.03.2023. Therefore, the plaintiffs filed I.A.No.6 of 2023, to restore the suit and the same is pending without any progress. Hence, the present petition is filed.

4.The learned counsel appearing for the petitioner would submit that the respondents have not shown any interest to conduct the suit and only

with an intention to drag on the proceedings by giving trouble to the petitioner's possession and enjoyment of the subject property. Hence, he prayed for speedy disposal.

5.Considering the facts and circumstances of the case, this Court directs the Sub-Court, Theni, to dispose the I.A.No.6 of 2023 on merits and in accordance with law, without giving unnecessary adjournment, after affording opportunity to the respective parties to put forth their contentions, as early as possible, within a period of six months from the date of receipt of a copy of this order.

6.With the above direction, this Civil Revision Petition is disposed of. No costs.

25.09.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns

K.GOVINDARAJAN THILAKAVADI, J.

Ns To 1.TheSub-Court, Then.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

C.R.P(MD)No.2389 of 2023 25.09.2023