In this civil revision plea under Article 226/227 (stated as 227 in text), superior court directed the Sub Court, Ramanathapuram, to expedite a pending appeal arising out of a partition decree within eight weeks due to inordinate delay.
Directed Sub Court, Ramanathapuram to expedite and conclude appeal proceedings within eight weeks.
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CRP(MD)No.181 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.181 of 2023
Panchavarnam
: Petitioner
Vs.
1.Sathaiah
2.Poomayil
3.Sathayee : Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Sub Court, Ramanathapuram, to dispose of the proceedings in A.S.No.2 of 2013 within a stipulated time limit.
ORDER
The petitioner, as plaintiff, has filed a suit in O.S.No.44 of 2010 before the District Munsif cum Judicial Magistrate Court, Rameswaram, for the relief of partition and separate possession of the suit schedule property. The suit was
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CRP(MD)No.181 of 2023
decreed by the trial Court on 05.09.2011 and challenging the same, the first respondent / second defendant has filed an appeal in A.S.No.2 of 2013 before the Sub Court, Ramanathapuram.
2.The grievance of the petitioner is that though the appeal was filed as early as in the year 2013, the same is still pending, without any progress and therefore, he is not able to enjoy the fruits of the decree that was obtained in the year 2011.
3.Considering the fact that the appeal of the year 2013 is still pending, this Court, without expressing anything on the merits of the matter, directs the Sub Court, Ramanathapuram, to expedite and conclude the appeal proceedings, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.
Accordingly, this revision petition stands disposed of. No costs.
Index : Yes / No 27.01.2023 Internet : Yes gk
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To
The Subordinate Judge, Ramanathapuram.
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CRP(MD)No.181 of 2023
B.PUGALENDHI, J.
gk
CRP(MD)No.181 of 2023
27.01.2023
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1 issue framed by the court
Whether the Sub Court, Ramanathapuram, should be directed to expedite and conclude pending appeal proceedings within a stipulated time limit.
1 provisions across 1 enactments
Panchavarnam
Sathaiah
Poomayil
Sathayee
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
