The Madras High Court disposed of two civil revision petitions seeking early disposal of pending interlocutory applications in a partition suit. The Court directed the trial court to decide the applications on merits within three months.
Direction to trial court to dispose of I.A.Nos.35 of 2010 & 290 of 2014 on merits within three months.
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.
CRP(MD)Nos.1563, 1564 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)Nos.1563, 1564 of 2022
Elizabeth : Petitioner
Vs.
Kannimariyal (Died)
2.Yesumony Mary : Respondents
COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India seeking a direction for early disposal of the proceedings in I.A.Nos.35 of 2010 & 290 of 2014, respectively, in O.S.No.56 of 2005 on the file of the I Additional Sub Court, Nagercoil.
For Petitioner : Mr.K.P.Narayanakumar For Respondents : No appearance *****
COMMON ORDER
The petitioner is the first defendant in the suit
in O.S.No.56 of 2005 on the file of the I Additional 1/4
CRP(MD)Nos.1563, 1564 of 2022 Sub Court, Nagercoil. The suit was filed by the respondents / plaintiffs for partition and preliminary decree was passed as early as on 31.03.2006.
2.CRP(MD)No.1563 of 2022 is filed seeking early disposal of I.A.No.35 of 2010 in O.S.No.56 of 2005, which was filed for final decree.
3.CRP(MD)No.1564 of 2022 is filed seeking early disposal of I.A.No.290 of 2014 in O.S.No.56 of 2005,
which was filed as against the Commissioner's report filed in the final decree application.
4.Learned Counsel for the petitioner submitted that
both the interlocutory applications are pending from the year 2010 & 2013 respectively and therefore, the petitioner has come forward with these revision petitions for early disposal of the proceedings.
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CRP(MD)Nos.1563, 1564 of 2022
5.Though notice was ordered to the respondents, it
was returned with an endorsement 'door locked'. Therefore, another notice was ordered, which was returned as 'refused'. Therefore, the matter is listed today, in the name of the respondents, but there is no representation on their behalf.
6.Considering the fact that the interlocutory applications of the year 2010 & 2014 are still pending and also considering the age of the suit, these revision petitions are disposed of, with a direction to the trial Court to dispose of I.A.Nos.35 of 2010 & 290 of 2014, respectively, in O.S.No.56 of 2005, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
Index : Yes / No Internet : Yes gk
10.11.2022
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CRP(MD)Nos.1563, 1564 of 2022
B.PUGALENDHI, J. gk
To
The I Additional Subordinate Judge, Nagercoil.
CRP(MD)Nos.1563, 1564 of 2022
10.11.2022
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1 issue framed by the court
Whether the High Court should direct the trial court to dispose of pending interlocutory applications for partition suit on merits.
Elizabeth
Kannimariyal (Died) and Yesumony Mary
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
