The High Court of Madras, exercising jurisdiction under Article 227 of the Constitution of India, directed the Subordinate Judge, Chengalpattu, to dispose of a pending partition suit (OS.No.138 of 2004) on merits within four months.
Direction to the Subordinate Judge, Chengalpattu, to dispose of suit OS.No.138 of 2004 on merits within four months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
CRP(PD).No.1194 of 2018 Saroja .. Petitioner Vs 1.M.Chandrasekaran 2.M.Natarajan 3.M.Umapathy .. Respondents PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India seeking a direction to dispose of the suit OS.No.138 of 2004 pending on the file of the Subordinate Judge, Chengalpattu (originally filed as OS.No.748 of 2002 moved during the vacation court District Munsif Court, Kancheepuram and sent to Subordinate Judge, Chengalpattu, renumbered as OS.No.138 of 2004 and dispose of the same.
For Petitioner : Mr.K.R.Krishnan
O R D E R
The Civil Revision Petition itself is taken up for final disposal
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at the admission stage itself.
petitioner has filed a suit in OS.No.748 of 2002 against the respondents
herein for partition on the file of the District Munsif Court, Kancheepuram and subsequently re-numbered as OS.No.138 of 2004 on
the file of the Subordinate Court, Chengalpet. In the aforesaid suit, written statement has been filed on 02.08.2003 and the same is pending before the trial court. Therefore, the revision petitioner has filed the present Civil Revision Petition before this Court for early disposal of the said suit.
that no interlocutory application is pending in the aforesaid suit. Hence,
there is no legal impediment to dispose of the said suit.
inclined to direct the Subordinate Court, Chengalpet to dispose of the
suit in OS.No.138 of 2004 on merits and in accordance with law as
expeditiously as possible preferably within a period of four months from
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the date of receipt of a copy of this Order.
direction. No costs.
27.03.2018
Speaking/Non-Speaking order
Index :Yes/No
Internet:Yes/No
lok
To
The Subordinate Judge,
Chengalpattu
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D. KRISHNAKUMAR J.,
lok
CRP(PD).No.1194 of 2018
27.03.2018
1 issue framed by the court
Whether the High Court can direct the lower court to dispose of a pending partition suit on merits as a matter of special leave under Article 227 of the Constitution of India.
Saroja
M.Chandrasekaran
M.Natarajan
M.Umapathy
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
