Partly allowed

M/S. Mega City Development Corporation v. S. Sivakumar

Madras HC24 Jul 2023CRP/2465/2023

Case brief

AI extract

What is this about?

In this Civil Revision Petition filed under Article 226, the High Court of Madras directed the Principal District Judge to dispose of a pending suit within one year. The Court also ordered the respondent to implead his legal heirs within one month following the respondent's death.

What did the court decide?

Direction to dispose of O.S. No.73 of 2019 within one year and to implead legal heirs within one month. Connected miscellaneous petition closed.

M/S. Mega City Development Corporation Vs S. Sivakumar — Property and Title | Madras HC (2023)

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C.R.P. No. 2465 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :24.07.2023

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CORAM :

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 2465 of 2023

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and

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C.M.P.No.15374 of 2023

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M/s Mega City Development Corporation Represented by its partner, Ashrat Buhari Chennai City Centre,4th floor, Dr. Radhakarishnan Salai, Chennai 600 004. ...Petitioners

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.Vs. S. Sivakumar ...Respondent

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Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to call for the records on the file of the Principal District Judge, Kancheepuram District at Chengalpattu relating to the Judgment and Decree dated 19.12.2022 and on the file of the Principal Subordinate Judge, Chengalpattu relating Judgment and Decree dated 16.10.2019 passed in I.A.No.2 of 2019 in O.S.No.73 of 2019, hear the Revision petition and allow the Revision petition and pass orders.

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1/5

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https://www.mhc.tn.gov.in/judis

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C.R.P. No. 2465 of 2023

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For Petitioner : Mr. S.A. Rajan For Respondent : U. Gowri Shankar

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ORDER

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This petition is filed to call for the records on the file of the Principal District Judge, Kancheepuram District at Chengalpattu relating to the Judgment and Decree dated 19.12.2022 and on the file of the Principal Subordinate Judge, Chengalpattu relating Judgment and Decree dated 16.10.2019 passed in I.A.No.2 of 2019 in O.S.No.73 of 2019, hear the Revision petitioner and allow the Revision petition.

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The facts of the case is that there was dispute in the subject property, due to which the Respondent herein filed a suit in O.S.No.73 of 2019 and when the same was pending, he filed I.A.No.2 of 2019 in O.S.No.73 of 2019, restraining the petitioner herein his men, servants or anybody else from interfering with the possession and enjoyment of the suit property and the same was allowed vide order dated 16.10.2019. Aggrieved over the same, the petitioner herein preferred an appeal in CMA No. 2 of 2020, wherein the learned Judge has dismissed the same vide order dated 2/5

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https://www.mhc.tn.gov.in/judis

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C.R.P. No. 2465 of 2023

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19.12.2022. Hence this petition.

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The learned counsel for the petitioner submitted that pending suit, the respondent passed away on 10.02.2023. Hence the legal heirs have to be impleaded in the suit to proceed further. However, the suit is of the year 2019 and the same is pending. Hence he sought a direction to the Court below to dispose of the suit as early as possible.

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The learned counsel for the respondent submitted that the learned Judge after looking into each and every aspects has passed the impugned order and there is no necessity to interfere with the same. Hence prays to dismiss this petition.

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In view of the above, the learned Principal District Judge, Kancheepuram District at Chengalpattu is directed to dispose the O.S.No.73 of 2019 within a period of one year from the date of receipt of a copy of this order. The respondent is also directed to take steps to implead the legal heirs within a one month from the date of receipt of a copy of this order. The

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3/5

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https://www.mhc.tn.gov.in/judis

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C.R.P. No. 2465 of 2023

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Court shall not grant unnecessary adjournments and the parties are directed to co-operate with the proceedings.

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With the above directions, this Civil Revision Petition is

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disposed of. No order as to costs. Consequently, the connected miscellaneous petition is closed.

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24.07.2023

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smn Index : Yes/No Internet: Yes/No

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To.

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The Principal District Judge, Kancheepuram District at Chengalpattu.

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The Principal Subordinate Judge, Chengalpattu

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4/5

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https://www.mhc.tn.gov.in/judis

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C.R.P. No. 2465 of 2023

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V.BHAVANI SUBBAROYAN,J. Smn

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C.R.P. No. 2465 of 2023 and C.M.P.No.15374 of 2023

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24.07.2023

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5/5

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https://www.mhc.tn.gov.in/judis

M/S. Mega City Development Corporation v. S. Sivakumar

Case brief

What is this about?

What did the court decide?

M/S. Mega City Development Corporation v. S. Sivakumar

Case brief

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What did the court decide?

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