S.Titus v. David Daniel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2024

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.2831 of 2024 S.Titus : Petitioner / 1st appellant Vs.

1.David Daniel 2.Pathrose 3.Dias 4.Lilly Bai 5.Gnanabai 6.Suseela Bai 7.Ramani Bai 8.Ajitha Ponmalar 9.Abina Christu 10.Abin 11.Bernad Shajin : respondents 1 to 11 12.Helan Baby : 12th Respondent/2nd appellant PRAYER:

Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Kuzhithurai, Kanniyakumari District to dispose of the case in A.S.No.35 of 2022 within a time fixed by this Court.

For Petitioner :Mr.E.Murugan 1/4

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose the A.S.No.35 of 2022, pending on the file of the Subordinate Court, Kuzhithurai, Kanniyakumari District within the time stipulated by this Court.

2. Heard the learned counsel appearing for petitioner. Since the revision is filed for seeking early disposal, no notice is necessary to the respondents.

3. The learned Counsel appearing for the revision petitioner would submit that against the Judgment and Decree, dated 05.08.2022 passed in O.S.No.163 of 1998 on the file of the II Additional District Munsif, Kuzhithurai, the petitioner herein had filed A.S.No.35 of 2022 on the file of the Sub Court, Kuzhithurai and the same is pending for the past three years without any progress. He would further submit that both the petitioner herein / appellant and the respondents 1 to 7 are Senior Citizens and hence, he seeks early disposal of the said A.S.No.35 of 2022, pending on the file of the Subordinate Court, Kuzhithurai, Kanniyakumari District. 2/4

4. Having been taken into consideration of the material facts and circumstances and that both the revision petitioner and the respondents 1 to 7 are Senior Citizens, this Court is of the view that in the interest of justice, a direction may be issued to the learned Judge, Family Court, Thiruchirapalli, to dispose of the said A.S.No.35 of 2022 as expeditiously as possible.

5. Accordingly, this Civil Revision Petition is disposed of with a direction to the learned Subordinate Judge, Kuzhithurai, Kanniyakumari District to dispose of the said Appeal Suit in A.S.No.35 of 2022, pending on his file within a period of three months from the date of receipt of a copy of this order on merits and in accordance with law. No costs. 13.11.2024 Index : Yes / No Internet : Yes/ No trp To The Subordinate Judge, Kuzhithurai, Kanniyakumari District 3/4

K. GOVINDARAJAN THILAKAVADI, J., trp C.R.P(MD)No.2831 of 2024 13.11.2024 4/4