Shanmuga Sundari v. Sankara Avudaiyammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Shanmuga Sundari ... Petitioner/ Plaintiff Vs.

1. Sankara Avudaiyammal

2. Pitchaikannu

3. Murugan

4. Arunachalam

5. Chellavadivu

6. Meenakshi Sundaram

7. Kandasamy

8. Gandhimathi

9. Parvathi

10. Meena

11. Karthik ... Respondents/ Defendants 1/6

Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Sub Court, Thiruchendur to dispose of the suit O.S.No.207 of 2022 on the file of the learned Sub Court, Thiruchendur expeditiously and within a time frame to be stipulated by this Court.

For Petitioner : Mr.J.Joseph Zinoson for M/s.K.Win Law Associates

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.207 of 2022, pending on the file of the Sub Court, Thiruchendur, within a specified time fixed by this Court.

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

3. The revision petitioner as plaintiff has filed the suit in O.S.No. 207 of 2022, claiming partition.

4. The learned counsel appearing for the revision petitioner would submit that since the respondents/defendants are in possession and 2/6

enjoyment of the property, they are clearly intended to prolong and drag on the suit proceedings, that the revision petitioner is a widow and having a daughter at the age of 26 years, who is not yet married because of the financial condition, that the outcome of the suit can be used by the revision petitioner to support her daughter's marriage and that therefore, the trial has to be expedited.

5. The fact remains that the suit was filed only in the year 2022. 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 petitioner, without approaching the trial Court, has 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 petitioner is at liberty 3/6

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.

20.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Sub Court, Thiruchendur.

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

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 20.11.2023 6/6