In this civil revision petition, the High Court directed the District Judge, Fast Track Court, Chenglepet, to dispose of an outstanding partition suit within four months of receiving the order copy, citing the petitioner's age and hardship due to delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
C.R.P.(PD).No.846 of 2017
G.Adimulam
... Petitioner
Vs.
1.G.Poongavanam
2.G.Ramanujam
3.G.Madhavan ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the proceedings dated 26.10.2016 made in O.S.No.139 of 2011 on the file of the District Court, Chenglepet.
For Petitioner : Mr.S.Mohanasundararajan O R D E R
The plaintiff in O.S.No.139 of 2011 on the file of the District Court,
Fast Track Court, Chenglepet, has filed the above Civil Revision Petition to
direct the trial Court to dispose of the suit within a time frame.
2.The plaintiff filed the suit in O.S.No.139 of 2011 for partition.
3.The defendants filed their written statement and are contesting the
suit.
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4.The learned counsel appearing for the petitioner submitted that the
plaintiff is an aged person and therefore, the long pendency of the suit puts him to hardship and prejudice. The learned counsel submitted that the trial Court may be directed to dispose of the suit within a time frame. That apart, the learned counsel also submitted that the matter is posted for the cross examination of P.W.1.
5.Having regard to the submissions made by the learned counsel for
the petitioner, taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the District Judge, Fast Track Court, Chenglepet, to dispose of the suit in O.S.No.139 of 2011, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.
6.With these observations, the Civil Revision Petition is disposed of.
No costs.
Index : No Internet : Yes va
08.03.2017
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To
The District Court, Chenglepet.
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M.DURAISWAMY,J.
va
C.R.P.(PD).No.846 of 2017
08.03.2017
2 issues framed by the court
Whether to direct the trial court to dispose of the suit within a specific time frame.
Whether the petitioner is entitled to relief for the hardship caused by long pendency of the suit.
G.Adimulam
1.G.Poongavanam
2.G.Ramanujam
3.G.Madhavan
M.Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
