Madras High CourtCRP(MD)/2042/2019disposed of

V.Kannammal, v. Nachimuthu,

2019-11-14Honourable Mr Justice Krishnan Ramasamy2 pages

CRP(MD)No.2042 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY CRP(MD)No.2042 of 2019

1. V.Kannammal

2. V.Jayakumar

3. Latha

4. Visalatchi

5. Nirmala ... Petitioners/Respondents No.1 to 5 versus

1. Nachimuthu ...1st Respondent/Appellant

2. The Executive Officer, Punjaipugalur Panchayat, Velayuthampalayam, Karur District.

3. The Tahsildar, Karur Taluk, Karur District.

..2nd Respondent/Respondent No.6

4. The Government of Tamil Nadu, Rep. by the District Collector, Karur.

... Respondents 3 and 4/ Respondents 7 and 8 Civil Revision Petition filed under Article 227 of Constitution of India, seeking a direction to the learned Subordinate Judge, Karur, to dispose the Appeal in A.S.No.22 of 2015 within the stipulated time.

For Petitioners : Mr.M.Jothi Basu

ORDER

This Civil Revision Petition has been filed by the revision petitioners, seeking a direction to the learned Subordinate Judge, Karur, to dispose the Appeal in A.S.No.22 of 2015 within the stipulated time.

The learned counsel appearing for the revision petitioners submitted that the revision petitioners herein filed O.S.No.189 of 2009 before the learned Principal District Munsif, Karur, declaring that the plaintiffs are the legal heirs of the deceased Veeran and also declaring that the plaintiffs are entitled get the death benefits from the 2nd defendants. The said suit was decreed by Judgment and Decree dated 28.08.2015. Aggrieved over the same, the 5th defendant/1st respondent herein filed an Appeal in A.S.No.22 of 2015 before the learned District Judge, Karur. Though https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD)No.2042 of 2019 the appeal was filed in the year 2015, the same is pending before the Court below for more than four years. Furthermore, the 1st respondent herein, in order to drag on the proceedings, filed interlocutory applications one after another before the Appellate Court and thereby, the revision petitioners are abstaining from enjoying the fruits of the decree passed in their favour. Hence, the revision petitioners are before this Court.

3. Considering the fact that the appeal is pending for more than four years and the first respondent herein filed interlocutory applications one after another in order to drag on the proceedings, this Court directs the learned Subordinate Judge, Karur, to dispose of the Appeal in A.S.No.22 of 2015, within a period of four months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) ogy To The Subordinate Judge, Karur.

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-98265[F] dated 14/11/2019 ) CRP(MD)No.2042 of 2019 14.11.2019 KK/SAR/13.12.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2