Mathinabeevi, v. Jegabartheen,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Mathinabeevi : Petitioner/1st Defendant Vs.

1.Jegabartheen : 1st Respondent/Plaintiff 2.Bajrudeen 3.Mugajurunnisha 4.Nilavarnisha 5.M.Bharakath nish 6.Nihalbanu 7.The Thasildar, O/o.The Thasildar, Kacheri Road, Kumbakonam Taluk, Thanjavur.

8.The Revenue Divisional Officer, Kacheri Road, Kumbakonam Taluk, Thanjavur.

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9.The Executive Officer, Cholapuram Municipality, Cholapuram, Kumbakonam Taluk, Thanjavur.

10.The Sub Registrar, Sub Registrar Office, Thathuvancheri (now) Thiruvidaimaruthur Taluk, Thanjavur District.

11.The Assistant Executive Engineer, Maintenance and Execution, TANGEDCO, Cholapuram, Kumbakonam Taluk, Thanjavur.

13.The District Collector, Collectorate, Vallam Road, Thanjavur.

: 2 to 12 Respondents/ 2 to 12 Defendants Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Sub Judge, Kumbakonam to dispose of the suit in O.S.No.132 of 2021 within the time frame stipulated by this Court.

For Petitioner : Mr.A.Prasanna Rajadurai

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.132 of 2021, pending on the file of the 2/6

learned Additional Sub Judge, Kumbakonam, 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.

4. The learned counsel for the petitioner would submit that the first respondent/plaintiff has filed the suit in O.S.No.132 of 2021, for partition, declaration and injunction. He would further submit that though the petitioner/1st defendant has already filed the written statement as early as on 26.07.2022, the suit is being adjourned again and again and that therefore, the above said case 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 3/6

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. In view of the above, the revision petitioner is at liberty to approach the trial Court and if 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.

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

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To 1.The Additional Sub Judge, Kumbakonam.

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 Dated : 06.10.2023 6/6