Madras High CourtCRP(MD)/2041/2022disposed of

N.Chidambaram v. Ramamoorthy

2022-11-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

1. N.Chidambaram

2. Ni.Vijayalakshmi ... Petitioners versus

1. Ramamoorthy

2. Vasanthakumari ... Respondents Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Additional District Munsif, Lalgudi, to dispose of the pending suit in O.S.No.324 of 2017 within a reasonable time frame as fixed by this Court.

For Petitioners : Mr.P.Shanmugavel For Respondents : Mr.N.Dilipkumar

ORDER

This Civil Revision Petition is filed seeking for a direction to the learned Additional District Munsif, Lalgudi, for early disposal of the suit in O.S.No.324 of 2017 within a stipulated time. 1/4

2. The petitioners herein are plaintiffs. They have filed a suit in O.S.No.324 of 2017 before the learned Additional District Munsif, Lalgudi, for partition. They have also filed an interlocutory application in I.A.No.600 of 2017 seeking interim injunction against the respondents, which was also granted in favour of them. Aggrieved over the same, the first respondent filed an appeal in CMA No.5 of 2019 before the Subordinate Court, Lalgudi, which was allowed, by setting aside the order passed by the learned Additional District Munsif, Lalgudi.

3. Now, it is the grievance of the petitioners that the first respondent, after getting a favourable order in the appeal, with an intention to encumber the suit property, made a settlement deed in favour of his wife and now, he is also attempting to alienate the suit property to third parties. Therefore, they seek for a direction to the trial Court for early disposal of the suit in O.S.No.324 of 2017. 2/4

4. The learned counsel appearing for the respondents submits that he is not having any objection for the same.

5. Considering the fact that the suit is of the year 2017 and it is now at the stage of trial, the trial Court, namely, the learned Additional District Munsif, Lalgudi, is directed to expedite the trial in O.S.No.324 of 2017 and dispose of the suit on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

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

07.11.2022 ogy Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The learned Additional District Munsif, Lalgudi.

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