Civil Revision Petition filed under Article 226/227 seeking direction for early disposal of an O.S. No.230 of 2022 regarding partition. Court declined to fix a time limit, directing parties to approach the trial court using existing circulars for priority in senior citizen and elderly attester cases.
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C.R.P.(MD)No.2567 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.10.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.2567 of 2023
1.M.Ramya
2.P.Thirugnanam : Petitioners/Defendants 1 and 2
Vs.
1.M.Priya : 1st Respondent/ Plaintiff
3.The Indian Overseas Bank, Represented by its Branch Manager, 11th Cross, Thillai Nagar, Tiruchirappalli – 620 018. : Respondents 2 & 3/
Defendant 3 & 4
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the III Additional District Court, Tiruchirappalli to dispose of the suit in O.S.No.230 of 2022 within a time limit that may be fixed by this Court.
For Petitioner : Mr.Shangar Murali
C.R.P.(MD)No.2567 of 2023
ORDER
The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.230 of 2022, pending on the file of the III Additional District Court, Tiruchirappalli, within a specified time fixed by this Court.
C.R.P.(MD)No.2567 of 2023
5.The learned counsel for the petitioner would further submit that the petitioner's father has executed a notarised Will, dated 05.05.2022 in his favour and the first respondent; that the Will was drafted by their father's family Advocate Mr.R.Sekhar, practicing in Mayiladudhurai Bar Association; that the petitioner has been relying upon the Will executed by his father in his favour and in favour of the first respondent and that in order to prove the said Will, it has become just and necessary to examine the said Advocate Sekar and the attestors of the Will. He would further submit that the attestors are aged persons and are affected by ailments and hence, they have to be examined at the earliest and for that purpose, the trial has to be expedited.
6.The fact remains that the suit was filed in the year 2022. 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 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
C.R.P.(MD)No.2567 of 2023
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.
06.10.2023
NCC :yes/No Index :yes/No Internet:yes/No das
C.R.P.(MD)No.2567 of 2023
To
C.R.P.(MD)No.2567 of 2023
K.MURALI SHANKAR,J.
das
Order made in C.R.P.(MD)No.2567 of 2023
Dated : 06.10.2023
3 issues framed by the court
Whether the High Court should direct the trial court to dispose of a pending partition suit within a specified time limit.
Whether the petitioners' request to examine attesters of a Will on medical grounds warrants urgent trial proceedings.
Whether the trial court should be directed to prioritize cases involving senior citizens and elderly attesters per High Court circulars.
1 provisions across 1 enactments
M.Ramya
P.Thirugnanam
M.Priya
The City Union Bank
The Indian Overseas Bank
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
