Allowed

Mangammal v. Sevatha

Madras HC28 Aug 2023CRP/3022/2023

Case brief

AI extract

What is this about?

Petitioner sought direction under Article 226/227 to expedite the trial of a property dispute suit pending since 2016 in the Krishnagiri District Munsif Court due to alleged stagnation. The Court directed the Munsif Court to complete witness examination and dispose of the suit within six months.

What did the court decide?

Direction to District Munsif Court, Krishnagiri to dispose of O.S.No.49 of 2016 within six months from receipt of this order.

Mangammal Vs Sevatha — Property and Title | Madras HC (2023)

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C.R.P. No. 3022 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :28.08.2023

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CORAM :

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 3022 of 2023 and C.M.P.No. 14967 of 2023

Mrs. Mangammal

...Petitioner

.Vs.

Mrs. Sevatha

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Chinnasamy

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The Tahsildhar Krishnagiri Taluk.

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The District Collector Krishnagiri District.

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The Sub-Registrar, Krishnagiri . ..Respondents

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Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Learned District Munsif Court, Krishnagiri to dispose of the suit in O.S.No.49 of 2016 pending on his file

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in a stipulated time to be fixed by this Hon'ble Court and pass orders.

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

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C.R.P. No. 3022 of 2023

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For Petitioner : Mr. G.V. Sridharan

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ORDER

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This petition is filed to direct the Learned District Munsif Court, Krishnagiri to dispose of the suit in O.S.No.49 of 2016 within the time frame as fixed by this Court.

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The case of the petitioner is that there was dispute between the petitioner and the first respondent with regard to the ownership of the subject property. Due to which, the first respondent herein has filed the above suit claiming that he is the owner of the subject property. The grievance of the petitioner is that the suit is filed in the year 2016 and there is no progress in the suit, inspite of the fact that the petitioner has filed written statement. Hence the petitioner has come forward with this petition.

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The learned counsel for the petitioner submitted that in the

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above suit, issues were framed on 18.01.2017, trail was commenced on 01.12.2018 and the matter was posted before Lok Adalat on 08.02.2020

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

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C.R.P. No. 3022 of 2023

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again the matter was posted on 16.12.2020 in the special list. Subsequently the matter was posted under the caption “ Part heard” on 15.09.2021. The Court adjudication sheet also reveals that PW4 was cross examined on 03.01.2023 and finally on 19.04.2023 the matter was adjourned for further examination of PWs. The learned counsel for the petitioner submitted that the first respondent herein is unnecessarily dragging the suit proceedings. Hence prays to allow this petition.

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On a perusal of records it is seen that for cross examination of witness the matter was adjourned periodically. Hence, this Court is inclined to issue a direction to the District Munsif Court, Krishnagiri to fix a time limit for examination of witness and thereafter close the examination of witness.

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In view of the above, the learned District Munsif Court, Krishnagiri is directed to dispose of the suit in O.S.No.49 of 2016 within a period of six months from the date of receipt of a copy of this order.

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

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C.R.P. No. 3022 of 2023

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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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28.08.2023

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smn Index : Yes/No Internet: Yes/No

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To.

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The I Additional Principal Family Judge, Chennai

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The Tahsildhar Krishnagiri Taluk.

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The District Collector Krishnagiri District.

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The Sub-Registrar, Krishnagiri.

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The District Munsif Court, Krishnagiri

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

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C.R.P. No. 3022 of 2023

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V.BHAVANI SUBBAROYAN,J. Smn

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C.R.P. No. 3022 of 2023 and C.M.P.No. 14967 of 2023

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28.08.2023

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

Mangammal v. Sevatha

Case brief

What is this about?

What did the court decide?

Mangammal v. Sevatha

Case brief

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