This judgment directs the learned Principal District Munsif, Attur, to dispose of a Civil Suit pending for 15 years within three months, observing it as an old case requiring expeditious handling.
Order directs the Principal District Munsif, Attur, to dispose of O.S. No.126 of 1996 within three months.
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C.R.P. (PD) No.1660 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (PD) No.1660 of 2021
Marayeammal (Died)
1.R.Ganesan
2.R.Palanivel
3.R.Subramaniam ... Petitioners /
Plaintiffs
versus
1.Karikalan
2.Mani
3.Palanivel
4.Ramayeeammal
Thoppalan (Died)
5.Karuppanan
6.Mottiyan
Arumugham (Died)
7.Sengoda Gounder
8.Ganapathy
9.Periyasamy
10.Kandasamy
11.Selvaraj
12.Ramasamy ... Respondents /
Defendants 1 to 4, 6 & 7, 9 to 14
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C.R.P. (PD) No.1660 of 2021
Pachiammal (Died)
13.Manickam 14.Murugesan 15.M.Varatharajan 16.Velliammal 17.Karupayee 18.Prakash
Suresh (Died) 19.Malarvizhi 20.Minor Pradeep, S/o.Late Suresh, Rep. by Mother and Guardian Malarvizhi 21.Minor Goutham, S/o.Late Suresh, Rep. by Mother and Guardian Malarvizhi ... Respondents / Defendants 16 to 21, 23 to 25
PRAYER : Civil Revision Petition has been filed under Article 227 of the Constitution of India, to direct the earlier disposal of the suit in O.S. No.126 of 1996 (O.S.No.326 of 1992, on the file of the Sub Court, Salem), on the file of the learned Principal District Munsif, Attur, Salem District, within a time frame as may be fixed by this Court, by allowing this Civil Revision Petition.
For Petitioners : Mr.W.M.Abdul Majeed
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C.R.P. (PD) No.1660 of 2021
O R D E R
This Civil Revision Petition is filed seeking direction to the
learned Principal District Munsif, Attur, Salem District, to dispose of O.S.No.126 of 1996, within a time frame to be stipulated by this Court.
2. The learned counsel for the petitioners submitted that,
the petitioners filed O.S.No.126 of 1996 for the relief of declaration of title
and for injunction. Some of the defendants have filed O.S.No.73 of 1992 for
the relief of declaration of title and for injunction in respect of one property in O.S.No.126 of 1996. This Court enquired the learned counsel for the petitioners as to why these matters are pending from 1992 and 1996, he submitted that, there was a delay in impleading the legal representatives of the deceased parties. Now that, all the legal representatives of the deceased
parties had been impleaded and the case is pending for trial.
3. It is seen that O.S.No.73 of 1992, is pending for almost close to 2 decades and O.S.No.126 of 1996, is pending for 15 years. This
case comes under the category of old cases of more than 10 years.
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C.R.P. (PD) No.1660 of 2021
Therefore, the learned Principal District Munsif, Attur, Salem District, is directed to dispose of O.S.No.126 of 1996, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. If found necessary, the learned Principal District Munsif, Attur, Salem District, may also try this suit along with O.S.No.73 of 1992.
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C.R.P. (PD) No.1660 of 2021
G.CHANDRASEKHARAN, J.
sri
C.R.P. (PD) No.1660 of 2021
18.08.2021
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2 issues framed by the court
Whether the lower court should be directed to dispose of the pending suit within a stipulated time frame.
Whether the two suits involving the same property should be tried together to expedite justice.
R. Ganesan
R. Palanivel
R. Subramaniam
Karikalan
Mani
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
