Madras High CourtCRP(MD)/915/2017dismissed

Raguraman v. Sellathai Ammal(Died)

2022-11-29Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

1. Raguraman

2. Poongodi ... Petitioners versus

1. Sellathai Ammal (died)

2. Senthoor Pandian

3. Muthukani

4. Mahendra Kumar

5. S.Ramalakshmi

6. Marilakshmi

7. Kanniyammal

8. Sudha

9. Rathina 10.Thangaraj 11.Jeyalakshmi 12.Vijaylakshmi 13.Dhanalakshmi (R2 to R13 are brought on record as legal heirs of the deceased sole respondent vide order dated 28.11.2022 in C.M.P.(MD)Nos.1213 to 1215 of 2019) ... Respondents Civil Revision Petition filed under Section 115 of Civil 1/4

Procedure Code, against the fair and decreetal order dated 03.02.2017 passed in CMA No.14 of 2016 on the file of the First Additional District Court, Tuticorin, by confirming the fair and decreetal order dated 11.04.2016 passed in I.A.No.248 of 2016 in O.S.No.59 of 2016 on the file of the learned Subordinate Judge, Tuticorin. For Petitioner : Mr.S.Kadarkarai For R2 : Mr.M.P.Senthil For R10 and 13 : Mr.N.Dilipkumar For R3 to 9, 11 and 12 : No appearance

ORDER

This Civil Revision Petition is filed against the order dated 03.02.2017 passed in CMA No.14 of 2016 on the file of the First Additional District Court, Tuticorin, by confirming the order dated 11.04.2016 passed in I.A.No.248 of 2016 in O.S.No.59 of 2016 on the file of the learned Subordinate Judge, Tuticorin.

2. Today, when the Civil Revision Petition is taken up for hearing, the learned counsel appearing for the petitioner submits that he 2/4

is withdrawing the Civil Revision Petition. He has also made an endorsement to that effect. However, the learned counsel for the petitioner requests for a direction to the trial Court for early disposal of the suit in O.S.No.59 of 2016, which is pending on the file of the learned Subordinate Judge, Tuticorin.

3. In view of the endorsement made by the learned counsel for the petitioner, the Civil Revision Petition is dismissed as withdrawn. However, considering that the suit is of the year 2016 and the same is also pending in view of the civil revision petition, which has been filed in the year 2017, this Court directs the learned Subordinate Judge, Tuticorin, to expedite the trial and dispose of the suit in O.S.No.59 of 2016, within a period of six months from the date of receipt of a copy of this order. No costs.

29.11.2022 ogy Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The learned Subordinate Judge, Tuticorin.

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