High Court directed the Subordinate Judge, Vellore, to dispose of a suit pending since 2013 within four months under Article 227 of the Constitution due to inordinate delay.
Direction to the Subordinate Judge, Vellore, to dispose of the suit in O.S.No.107 of 2013 as expeditiously as possible within four months.
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C.R.P.(PD).No.3459 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (PD) No.3459 of 2019
Varadhammal (Died)
1.Kanniyammal
2.Muthammal @ Ankammal
3.Pattammal
4.Kanagammal
5.Sarangan ... Petitioners /
Plaintiffs
versus
1.Kanniyappan
2.Dhanapal
3.Vasantha
4.Vasugi
5.M.Priya
6.S.Rajini
7.D.Sathishkumar
8.D.Nisha
9.K.Metha ... Respondents /
Defendants 1to5 & 7to9
PRAYER : Civil Revision Petition has been filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Vellore, to dispose of the suit in O.S.No.107 of 2013 at an early date.
For Petitioners : Mr.W.M.Abdul Majeed
O R D E R
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C.R.P.(PD).No.3459 of 2019
This Civil Revision Petition is filed seeking direction to the
learned Subordinate Judge, Vellore, to dispose of the suit in O.S.No.107 of 2013, at an early date.
2. The learned counsel for the petitioners submitted that,
petitioners filed the suit for the relief of declaring their title in respect of 'E' and 'F' suit schedule property and for other reliefs. In this case, pleadings had been completed and the suit is pending for trial. However, so far the trial
has not commenced. Therefore, he seeks for the early disposal of the case.
3. The suit is pending from the year 2013 and it is now close to 8 years, since the filing of the suit, this case comes under the category of old cases of more than 5 years. Even without the direction from this Court, the learned Subordinate Judge, Vellore, is expected to give priority in disposing the old cases. Therefore, this Court directs the learned Subordinate Judge, Vellore, to dispose of the suit in O.S.No.107 of 2013 as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a copy of this order.
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C.R.P.(PD).No.3459 of 2019
4 . This Civil Revision Petition is disposed of accordingly.
However, there is no order as to costs.
13.08.2021
Speaking order / Non-speaking order
Index : Yes / No
sri
To
The Subordinate Judge, Vellore.
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C.R.P.(PD).No.3459 of 2019
G.CHANDRASEKHARAN, J.
sri
C.R.P. (PD) No.3459 of 2019
13.08.2021
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1 issue framed by the court
Whether the Subordinate Judge, Vellore, is directed to dispose of the pending suit at an early date.
2 provisions across 1 enactments
Varadhammal (Died) 1.Kanniyammal 2.Muthammal @ Ankammal 3.Pattammal 4.Kanagammal 5.Sarangan
Kanniyappan 2.Dhanapal 3.Vasantha 4.Vasugi 5.M.Priya 6.S.Rajini 7.D.Sathishkumar 8.D.Nisha 9.K.Metha
G.Chandraskaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
