Madras High CourtCRP(MD)/2697/2024disposed of

Gapar Fatinathen v. Francis Xavier Gasper

2024-10-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Gapar Fatinathen S/o.Gasper, No.42, Lorong Seladan, 2/1 Taman Serei Seladan 09600 Lunas, Kedah, Malaysia, Represented through his power agent, S.Arockiasamy, S/o.Saminathan, Puliyal, Devakottai Taluk, Sivagangai District. ... Petitioner / Petitioner / Plaintiff Vs.

1.Francis Xavier Gaspar, S/o.Gaspar, Montgort bthers of St.Gabriel, 13, Lorong 1, Jalan ASI, Taman Air Salak, 75250, Meleka, Malaysia, Through its Power Agent, K.Rayar, S/o.Karmier, Seviliyenthal, Karkalathur Post, Devakottai Taluk, Sivagangai District.

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2.Mariadass Gaspar, S/o.Gaspar, No.286, Lorong Cengal 1/9, Taman Cebgal Indah 3, 09000 Kulim, Kedah, Malaysia, Through its Power Agent K.Rayar, S/o.Karmier, Seviliyenthal, Karkalathur Post, Devakottai Taluk, Sivagangai District.

3.Gaspar Antony Mary 4.Antony Xavier Soosay 5.Charles Antony Soosay 6.Christina Teresa Soosay Respondents 3 to 6 are represented through their power agent, K.Rayar, Seviliyenthal, Karkalathur Post, Devakottai Taluk, Sivagangai District.

7.Soosay Mary 8.Leo Pelicks Louis 9.R.Subramaniyan ... Respondents / Respondents / Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, for speedy disposal of I.A.No.1 of 2021 in O.S.No.66 of 2008 on the file of the learned Sub Judge, Devakottai.

For Petitioner : Mr.J.Anandkumar 2/4

ORDER

The plaintiff in O.S.No.66 of 2008 on the file of the Sub Court, Devakottai is the revision petitioner.

2. It is a suit for partition. Preliminary decree was passed. The learned counsel for the petitioner informs the Court that preliminary decree was confirmed in second appeal also. It appears to become final. I.A.No.1 of 2021 has been filed for passing final decree. It is stated that all the respondents have been served. The petitioner wants speedy disposal of the final decree proceedings. No exception can be taken thereto to the said request. The partition suit was instituted 16 years ago. The court below is directed to dispose of I.A.No.1 of 2021 on merits and in accordance with law within a period of eight months form the next hearing date.

3. The Civil Revision Petition is disposed of. No costs. 29.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Sub Judge, Devakottai.

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G.R.SWAMINATHAN, J.

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