Richard Nallusamy v. Jemi Megala

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P.(PD)(MD)No.2511 of 2023 Richard Nallusamy : Petitioner/Plaintiff Vs.

1.Jemi Megala 2.Minor Senvin Sargunam 3.Devadoss 4.Sugirtharani 5.Satyaseelan : Respondents/Defendants (Minor respondent is representation through his mother 1st respondent/1st defendant) Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Devakottai to dispose of the suit in O.S.No.91 of 2021 in a speedy manner within the time stipulated by this Court.

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For Petitioner : Mr.R.Balakrishan

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.91 of 2021, pending on the file of the learned Subordinate Judge, Devakottai, within a specified time fixed by this Court.

2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the private respondents is not necessary.

3. Heard the learned counsel appearing for the revision petitioner and also perused the records.

3. The revision petitioner as plaintiff has filed the suit in O.S.No.91 of 2021, for partition and allotment of 12/36 shares in the suit property.

4. The learned counsel appearing for the revision petitioner would submit that though the suit has been filed as early as January 2021, till date there is no finality arrived, that the respondents/defendants are not 2/5

co-operating with the trial Court to conduct the trial, that the revision petitioner is a senior citizen and that therefore, the trial has to be expedited.

5. The fact remains that the suit was filed in the year 2021. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner without approaching the trial Court, has directly come forward with the present Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.

6. As rightly pointed out by the learned counsel appearing for the revision petitioner, the revision petitioner is a senior citizen. In view of the above, the revision petitioner is at liberty to approach the trial Court and if 3/5

such requisition for speedy disposal is made, the trial Court is required to consider the urgency for early trial, in the light of the circulars issued by this Court and on the ground of senior citizenship.

7. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

04.10.2023 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The Subordinate Judge, Devakottai.

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

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K.MURALI SHANKAR ,J.

das Order made in C.R.P.(PD)(MD)No.2511 of 2023 Dated : 04.10.2023 5/5