Mayakkal v. Jothiammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.Mayakkal 2.Minor. Tharan rep. through the 1st petitioner as his grandmother and natural guardian ... Petitioners Vs.

1.Jothiammal 2.Ranjitham Annakodi (died) 3.Thangammal 4.Jeyapandi 5.Seeniammal 6.Naina @ Mokkamayan 7.Murugeswari P.Kuppuraj (died) 8.M.Solai Moorthy (died) Page No. 1 of 5

9.Deepa Jeyathangam (died) 10.Rathinam Velmurugan (died) ... Respondents Prayer:- This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District/Sessions Judge, Madurai to dispose of O.S.No.116 of 2019 within a time frame as fixed by this Court.

For Petitioners : Mr.R.G.Shankarganesh

O R D E R

This Civil Revision Petition has been filed by the petitioners for speedy disposal of the suit in O.S.No.116 of 2019 on the file of the Principal District/Sessions Court, Madurai.

2. Since this Civil Revision Petition filed by the petitioners is only for speedy disposal of the suit, notice for the respondents is not required and is therefore dispensed with. Therefore, this case is taken up for final disposal.

3. The above suit was originally filed by the first to seventh respondents/plaintiffs before the Principal District Munsif Court, Page No. 2 of 5

Thirumangalam and the same was numbered as O.S.No.126 of 2008. Subsequently, the suit was transferred to the Principal District/Session Court, Madurai and re-numbered as O.S.No.116 of 2019.

4. It is submitted that on and from the date of transfer, there is no progress in the suit. The Trial Court is periodically adjourning the case at request of the first to seventh respondents/plaintiffs. The first petitioner is a senior citizen aged about 75 years and the second petitioner is her grandchild aged about 7 years.

5. It is further submitted that the first to seventh respondents/plaintiffs filed the suit with intention to scrap the first petitioner's property and to harassed her and therefore, the Trial Court ought to have disposed of the suit in a expeditious manner. It is further submitted that the Trial Court grossly erred in repeatedly adjourning the suit despite the order passed in C.R.P.(MD) No. 503 of 2021. Therefore, the petitioners were constrained to approach this Court for speedy disposal of the suit.

6. Considering the age of the first petitioner and considering the fact that the suit is pending from the year 2008, this Court directs the learned Principal Page No. 3 of 5

District/Sessions Judge, Madurai to dispose of O.S.No.116 of 2019 on merits, without giving any unnecessary adjournments, expeditiously, within a period of 6 months from the date of receipt of a copy of this order.

7. Accordingly, this Civil Revision Petition is disposed of. No cost. 15.09.2023 Internet : Yes/No NCC : Yes/No jen To The Principal District/Sessions Judge, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

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