S.Chitambara Natarajan v. P.Nagarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.S.Chithambara Natarajan 2.Pechiammal @ Chinnathai ... Petitioners Vs.

P.Nagarajan ... Respondent Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to expedite the proceedings in O.S.No.215 of 2021 pending on the file of the learned III Additional District Court, Tirunelveli and to dispose of the same within a stipulated time that may be fixed by this Court.

For Petitioners : Mr.J.Senthil Kumaraiah

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.215 of 2021, pending on the file of the 1/5

pending on the file of the learned III Additional District Court, Tirunelveli, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioners. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondent is not necessary.

3. The respondent, as plaintiff has filed the suit in O.S.No.215 of 2023, for partition and consequential reliefs.

4. The learned counsel appearing for the revision petitioners would submit that though the pleadings of the suit were completed on 25.01.2022, 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 only 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 2/5

petitioners, without approaching the trial Court, have 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.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The revision petitioners are at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge 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.

02.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das 3/5

To 1.The III Additional District Court, Tirunelveli.

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 02.11.2023 5/5