Madras High CourtCRP(MD)/2240/2019disposed of

Sarojini v. Pichaiammai

2023-11-20Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Sarojini

...Petitioner

Vs.

1. Pitchammai

2. Vimala

3. Chandrika

4. Amirtharaj

5. T. Suganthi

6. T. Jeyaprakash

7. Joseph Stalin

8. Soosai Micheal

9. S.M. Karlin

10. S.M. Hema 1/6

11.S.M. Jesilda 12.S.M. Mahesh .......Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif Court, Nagercoil, to pass final decree in O.S.No.275 of 2003 and dispose in a speedy manner within a time frame as fixed by this Court.

For Petitioner : Mrs.T.Sathya Selvi for Mr.D.Saravanan For Respondents : No appearance - for RR2, 3, 5 & 7 Unserved - for RR1, 8 to 12.

O R D E R

This Civil Revision Petition is filed seeking a direction to the learned Principal District Munsif, Principal District Munsif Court, Nagercoil, to pass final decree in O.S.No.275 of 2003 and 2/6

dispose in a speedy manner within a time frame in the interest of justice.

2. Heard the learned counsel appearing for the petitioner. There is no representation on behalf of the respondents.

3. It is stated by the learned counsel for the petitioner that some of the respondents refused to take notice and some of the respondents are already set ex-parte in the suit proceedings. However considering the issue involvesd in this Civil Revision Petition and the order going to be passed which will not prejudice any rights of the respondents, this Court proceed with the matter basing on the material available on record.

4. The petitioner is the plaintiff and the respondents are defendants in the suit in O.S.No.275 of 2003 on the file of the Principal District Munsif Court, Nagercoil, filed for partition and other reliefs.

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5. The learned counsel for the petitioner submits that the suit is pending for the past 20 years. She further submits that the petitioner herein is 75 years old and if the suit is not disposed of at the earliest, the petitioner may not be in a position to get the fruits of justice and sought to direct the learned Principal District Munsif, Nagercoil, to pass final decree in O.S.No.275 of 2003 expeditiously.

6. Having heard the learned counsel for the petitioner and on careful perusal of the material available on record, it appears that the suit is pertaining to the year 2003 i.e., 20 years old suit and the petitioner is aged about 75 years who is the senior citizen. Thus, it appropriate to direct the learned Principal District Munsif, Nagercoil, to pass final decree in the suit expeditiously to enable the petitioner to get fruits of the justice during her life time to meet the ends of justice.

7. Accordingly, this Civil Revision Petition is disposed of with a direction to the learned Principal District Munsif, 4/6

Principal District Munsif Court, Nagercoil, to dispose of the suit in O.S.No.275 of 2003 on its file, finally as expeditiously as possible, preferably, not beyond the period of six months from the date of receipt of a copy of this order.

8. No costs.

20.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To The Principal District Munsif, Principal District Munsif Court, Nagercoil.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.2240 of 2019 20.11.2023 6/6