Remanded

Maheshwari, v. Ponnuthai

Madras HC3 Oct 2023CRP(MD)/2508/2023

Case brief

AI extract

What is this about?

The Madras High Court, in a civil revision petition under Article 226 of the Constitution of India, directed the District Munsif Court to dispose of a consequential amendment application within 10 days and the final decree application within 5 months, dispensing with notice to respondents.

What did the court decide?

Directed the trial court to dispose of the amendment application (I.A.No.129 of 2023) within 10 days and the final decree application (I.A.No.24 of 2022) within 5 months thereafter.

Maheshwari, Vs Ponnuthai — Partition | Madras HC (2023)

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CRP PD(MD).No.2508 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P(PD) (MD).No.2508 of 2023

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Maheswari : Petitioner/4^th Petitioner/6^th Plaintiff

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Vs.

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1.Ponnuthai 2.Shanmughalakshmi 3.Seethalakshmi : Respondents 1 to 3/Petitioners 1 to 3/ Plaintiffs 1 to 3 4.Srineevasan :4^th Respondent/1^st Respondent/ Defendant

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5.Shanmugharaj 6.Jeyaraj 7.Muthulakshmi : Respondents 5 to 7/Respondents 2 to 4 Plaintiffs 4 to 5 and 7

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the District Munsif Court, Vilathikulam to dispose of the final decree application in I.A.No.24 of 2022 in O.S.No.17 of 2010 on its file.

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For Petitioner : Mr. K.Kumaravel

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https://www.mhc.tn.gov.in/judis 1/4

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CRP PD(MD).No.2508 of 2023

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O R D E R

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The Civil Revision Petition has been filed seeking a direction to dispose of the final decree application in I.A.No.24 of 2022 in O.S.No.17 of 2010 on the file of the District Munsif Court, Vilathikulam within a stipulated time fixed by this Court.

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2.Since the revision petition is filed for early disposal of the final decree application, the issuance of notice to the respondents is not necessary.

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3.The learned counsel for the petitioner would submit that in the suit for partition in O.S.No.17 of 2010, preliminary decree was passed on 07.09.2020 and that the present petitioner has filed a final decree petition and the same was taken on file in I.A.No.24 of 2022. He would further submit that the respondents 1, 2, 4 and 7 are senior citizens and that the above final decree petition is pending without any progress.

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It is evident from 'B' diary extract that the case is pending on the ground that another application in I.A.No.129 of 2023 is pending.

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https://www.mhc.tn.gov.in/judis 2/4

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CRP PD(MD).No.2508 of 2023

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The learned counsel for the petitioner would submit that I.A.No.144 of 2022, has already been allowed and I.A.No.129 of 2023 came to be filed for consequential amendment.

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Considering the above, the trial Court is directed to dispose of the petition in I.A.No.129 of 2023 within a period of ten days from the date of receipt of copy of this order and proceed to conduct enquiry in the final decree petition in I.A.No.24 of 2022 and dispose of the same within a period of five months thereafter.

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7.With the above observation and direction, the Civil Revision Petition

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is disposed of. No costs.

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03.10.2023

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NCC : Yes/No Index : Yes/No Internet : Yes/No das To

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The District Munsif, Vilathikulam.

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https://www.mhc.tn.gov.in/judis 3/4

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CRP PD(MD).No.2508 of 2023

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K.MURALI SHANKAR, J.

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das

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C.R.P(PD) (MD).No.2508 of 2023

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03.10.2023

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https://www.mhc.tn.gov.in/judis 4/4

Maheshwari, v. Ponnuthai

Case brief

What is this about?

What did the court decide?

Maheshwari, v. Ponnuthai

Case brief

What is this about?

What did the court decide?

What the court decided

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