The Madurai Bench directed the Sub Court at Vedasandur to dispose of a suit pending for five years by 31.08.2023.
Direction to the Sub Court to dispose of the suit on or before 31.08.2023.
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C.R.P.(PD)(MD).No.149 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(PD)(MD)No.149 of 2023
Kothandapani
... Petitioner / 13th Defendant
-vs-
Thangavel (died)
.... Respondents/Plaintiffs 1 to 3
Akkammal (Died)
.... Respondents 4 to 12/
Defendants 2 to 10
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C.R.P.(PD)(MD).No.149 of 2023
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Court, Vedasandur, Dindigul District to dispose of the suit in O.S.No.186 of 2018 pending on its file, within time frame as may be fixed by this Court.
For Petitioner : M/s.V.Karuna For Respondents : Mr.M.Pandiarajan for R1 and R2 : No appearance for R3 to R16
O R D E R
The present Civil Revision Petition has been filed seeking for
expeditious disposal of the suit in O.S.No.186 of 2018, pending on the file of the Sub Court, Vedasandur, Dindigul District.
2. According to the learned counsel for the petitioner, he is the 13 th
defendant in the said suit and the suit is adjourned from time to time for filing amended plaint copy.
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C.R.P.(PD)(MD).No.149 of 2023
3. The learned counsel appearing for the plaintiffs would contend that
since there are 15 defendants, it is very difficult to take steps in case any one of them died and hence, there is a delay in conducting the trial.
4. On perusal of the B-Diary extract, I find that the matter is being
adjourned from time to time for filing of amended plaint copy.
5. Considering the fact that, the suit is pending for the past five years, this Court is inclined to direct the Sub Court, Vedasandur, Dindigul District to dispose of the suit in O.S.No.186 of 2018 on or before 31.08.2023.
6. With the above said direction, this Civil Revision Petition stands disposed of. There shall be no order as to costs.
15.02.2023
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
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C.R.P.(PD)(MD).No.149 of 2023
R.VIJAYAKUMAR,J.
ebsi
C.R.P(PD)(MD)No.149 of 2023
15.02.2023
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2 issues framed by the court
Whether the Sub Court, Vedasandur, should be directed to dispose of the pending suit within a fixed time frame under Article 227.
Whether the delay in trial due to filing of amended plaint warrants intervention by the High Court.
Kothandapani
Thangavel
Sugumar
Deivanai
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
