Dismissed

Mathinabeevi, v. Jegabartheen

Madras HC6 Oct 2023CRP(MD)/2552/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a Civil Revision Petition under Article 226 seeking mandatory directions for the speedy disposal of a suit filed in 2021 for partition. The Court held that without total pendency particulars and considering the trial court's own duty under circulars to prioritize old cases, the High Court would not dictate a specific disposal timeframe. The pe

What did the court decide?

None granted; petitioner directed to approach the trial court for early disposal based on existing circulars.

Mathinabeevi, Vs Jegabartheen — Partition | Madras HC (2023)

¶1

C.R.P.(MD)No.2552 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 06.10.2023

¶4

CORAM:

¶5

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

¶6

C.R.P.(MD)No.2552 of 2023

¶7

Mathinabeevi : Petitioner/1^st Defendant

¶8

Vs.

¶9

1.Jegabartheen : 1^st Respondent/Plaintiff

¶10

2.Bajrudeen

¶11

3.Mugajurunnisha

¶12

4.Nilavarnisha

¶13

5.M.Bharakath nish

¶14

6.Nihalbanu

¶15

7.The Thasildar, O/o.The Thasildar, Kacheri Road, Kumbakonam Taluk, Thanjavur.

¶16

8.The Revenue Divisional Officer, Kacheri Road, Kumbakonam Taluk, Thanjavur.

¶17

1/6

¶18

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

¶19

C.R.P.(MD)No.2552 of 2023

¶20

9.The Executive Officer, Cholapuram Municipality, Cholapuram, Kumbakonam Taluk, Thanjavur.

¶21

10.The Sub Registrar, Sub Registrar Office, Thathuvancheri (now) Thiruvidaimaruthur Taluk, Thanjavur District.

¶22

11.The Assistant Executive Engineer, Maintenance and Execution, TANGEDCO, Cholapuram, Kumbakonam Taluk, Thanjavur.

¶23

13.The District Collector, Collectorate, Vallam Road, Thanjavur. : 2 to 12 Respondents/ 2 to 12 Defendants

¶24

Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Sub Judge, Kumbakonam to dispose of the suit in O.S.No.132 of 2021 within the time frame stipulated by this Court.

¶25

For Petitioner : Mr.A.Prasanna Rajadurai

¶26

ORDER

¶27

The Civil Revision Petition has been filed seeking a direction to

¶28

dispose of the suit in O.S.No.132 of 2021, pending on the file of the

¶29

2/6 https://www.mhc.tn.gov.in/judis

¶30

C.R.P.(MD)No.2552 of 2023

¶31

learned Additional Sub Judge, Kumbakonam, within a specified time fixed by this Court.

¶32

Since the revision petition is filed for early disposal of the case, the issuance of notice to the private respondents is not necessary.

¶33

Heard the learned counsel appearing for the revision petitioner and also perused the records.

¶34

The learned counsel for the petitioner would submit that the first respondent/plaintiff has filed the suit in O.S.No.132 of 2021, for partition, declaration and injunction. He would further submit that though the petitioner/1^st defendant has already filed the written statement as early as on 26.07.2022, the suit is being adjourned again and again and that therefore, the above said case has to be expedited.

¶35

The fact remains that the suit was filed in the year 2021. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV

¶36

3/6 https://www.mhc.tn.gov.in/judis

¶37

C.R.P.(MD)No.2552 of 2023

¶38

affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner without approaching the trial Court, has directly come forward with the present Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.

¶39

In view of the above, the revision petitioner is at liberty to

¶40

approach the trial Court and if such requisition for speedy disposal is made, the trial Court is required to consider the urgency for early trial, in the light of the circulars issued by this Court.

¶41

With the above observation and direction, the Civil Revision

¶42

Petition is disposed of. No costs.

¶43

06.10.2023

¶44

NCC :yes/No Index :yes/No Internet:yes/No das

¶45

4/6 https://www.mhc.tn.gov.in/judis

¶46

C.R.P.(MD)No.2552 of 2023

¶47

¶48

1.The Additional Sub Judge, Kumbakonam.

¶49

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

¶50

5/6 https://www.mhc.tn.gov.in/judis

¶51

C.R.P.(MD)No.2552 of 2023

¶52

K.MURALI SHANKAR,J.

¶53

das

¶54

Order made in C.R.P.(MD)No.2552 of 2023

¶55

Dated : 06.10.2023

¶56

6/6 https://www.mhc.tn.gov.in/judis

Mathinabeevi, v. Jegabartheen

Case brief

What is this about?

What did the court decide?

Mathinabeevi, v. Jegabartheen

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S.Gurusamy Vs Ponraj

K.Mariyappan Vs The Inspector of Police

V.Krishnan Vs Vasantharaj

M.Ramya Vs M.Priya

Samraj Vs Moni

Murugan Vs Siva @ Sivaguru