← Library
Madras High CourtCRP(MD)/2102/2022disposed of

M.Karuppasamy, v. Thandapani,

2022-11-04Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 04.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Karuppasamy ... Petitioner Vs 1.Thandapani 2.Kamalam 3.Magudeeshwaran 4.Duraiarasu Chettiyar 5.Palanichamy 6.Ramakrishnan 7.Ramalingam 8.Pomman ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Judge, Oddanchatram to expedite and complete the trial in IA.No.644 of 2011 in OS.No.1 of 2008 within the time stipulated by this Court.

For Petitioner : Mr.M.Viji For Respondents : No representation 1/4

ORDER

This Civil Revision Petition is filed for a direction to the learned Sub Judge, Oddanchatram to expedite and complete the trial in IA.No.644 of 2011 in OS.No.1 of 2008 within the time stipulated by this Court.

2.The learned Counsel for the petitioner submits the respondents / plaintiffs have filed the above suit in OS.No.1 of 2008 for partition and remained absent and therefore, the suit was decreed on 29.03.2011. The petitioner/ defendant subsequently filed an application for final decree in IA.No.689 of 2011 before Sub Court, Palani and the same was transferred to the Sub Court, Oddanchatram and re-numbered as IA.No.644 of 2021 and is pending.

3.Though notice was ordered and name of the respondents were printed there is no representation for the respondents.

2/4

4.Considering that the suit was filed in the year 2008, final decree proceedings was initiated in the year 2011 and the same is not yet reached its finality, the learned Sub Judge, Oddanchatram is directed to dispose of IA.No.644 of 2011 in OS.No.1 of 2008 as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

5.This Civil Revision Petition is disposed of accordingly. No costs.

04.11.2022 To The Sub Judge, Oddanchatram 3/4

B.PUGALENDHI, J.

dsk 04.11.2022 4/4