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Madras High CourtCRP(MD)/2535/2022disposed of

Dilsath Begum, v. Suraiya Begum

2023-01-20Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Dilsath Begum ... Petitioner versus Suraiya Begum ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned III Additional Sub Judge, Madurai, to expedite and dispose of the final decree petition in I.A.No.889 of 2015 in O.S.No.699 of 2010, within a time to be fixed by this Court. For Petitioner : Mr.R.Suriyanarayanan For Respondent : No appearance

ORDER

The petitioner has approached this Court seeking a direction to the learned III Additional Sub Judge, Madurai, to expedite the proceedings in I.A.No.889 of 2015 in O.S.No.699 of 2010 within a 1/4

time limit to be fixed by this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner, as a plaintiff, filed a suit in O.S.No.699 of 2010 for partition, in which, a preliminary decree was passed on 18.06.2012 and thereafter, the petitioner/plaintiff has also taken steps for final decree proceedings by way of filing an interlocutory application in I.A.No.889 of 2015 and the same is pending for the past seven years. Due to the delay in passing final decree, the petitioner could not enjoy the fruits of the decree. Therefore, he seeks for a direction to the trial Court for early disposal of I.A.No.889 of 2015.

3. Though notice was sent to the respondent, it was returned with an endorsement as "left".

4. Considering the submissions made by the learned counsel for the petitioner that preliminary decree was passed in the year 2012 and 2/4

final decree proceedings is pending from the year 2015, the learned III Additional Sub Judge, Madurai, is directed to conclude the proceedings in I.A.No.889 of 2015 in O.S.No.699 of 2010 as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order.

5. With the above direction, the Civil Revision Petition is disposed of. No costs.

20.01.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The learned III Additional Sub Judge, Madurai.

2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

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