Disposed

Vaishnavi v. D.Vijayakumar

Madras HC30 Jul 2024CRP/2289/2024

Case brief

AI extract

What is this about?

Plaintiff with a preliminary decree sought final decree proceedings via I.A.No.1 of 2020, but respondents repeatedly delayed filing counters. The Court directed the Principal Sub Judge, Coimbatore to conclude the proceedings preferably within three months and disposed of the Civil Revision Petition without costs.

What did the court decide?

Direction to Trial Court to conclude final decree proceedings within three months; CRP disposed of, no costs.

Vaishnavi Vs D.Vijayakumar — Partition | Madras HC (2024)

¶1

C.R.P.No.2289 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 30.07.2024

¶4

CORAM:

¶5

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

¶6

C.R.P.No.2289 of 2024

¶7

Vaishnavi ... Petitioner

¶8

Vs.

¶9

D.Vijayakumar R.Duraisamy Naidu (died)

¶10

Amirtham

¶11

Chitra

¶12

N.Manoharan

¶13

N.Balasundaram

¶14

N.Parthiban

¶15

N.Veenamani

¶16

N.Duraisamy

¶17

L.Rathina Chand

¶18

K.V.Selvaraj

¶19

Purushothaman

¶20

D.Sampoornam

¶21

Thanikasalam 14. C.P.Dharmalaingam 15. S.Balamani Respondents

¶22

PRAYER: Civil Revision Petition has been filed under Article 227 of Constitution of India, 1950, praying to direct the Principal Sub Judge,

¶23

https://www.mhc.tn.gov.in/judis 1/5

¶24

C.R.P.No.2289 of 2024

¶25

coimbatore to dispose of the case in I.A.No.1 of 2020 in O.S.No.685 of 1995 on its file expeditiously within a stipulated time as may be fixed by this Court preferably within three months or within reasonable time as this Court.

¶26

For Petitioner : Mr.S.Saravanan

¶27

O R D E R

¶28

This Civil Revision Petition has been filed seeking a direction to

¶29

the Principal Sub Judge, Coimbatore, to dispose of the case in I.A.No.1 of

¶30

2020 in O.S.No.685 of 1995 within a time frame as fixed by this Court.

¶31

2. The petitioner is the plaintiff in O.S.No.685 of 1995 had

¶32

obtained a preliminary decree on 20.03.2018. The petitioner had sought for

¶33

1/3 share in the plaint property and the preliminary decree was allowed in respect of 'A' and 'C' schedule property. Thereafter, the respondents' close relative had some negotiations and in view of the possibility of settlement,

¶34

this Court granted some time and the said negotiation is only to prolong the

¶35

issue and the respondents re-inspected the property. Thereafter, the petitioner

¶36

had filed in I.A.No.1 of 2020 seeking a final decree by appointing an

¶37

https://www.mhc.tn.gov.in/judis 2/5

¶38

C.R.P.No.2289 of 2024

¶39

advocate commissioner to divide the petition mentioned property into 3 equal

¶40

shares and to allot one such share to the petitioner by metes and bounds. The

¶41

respondents, one after the another, taking time for filing counter, citing one

¶42

reason or other from 26.08.2021, periodically adjourned for filing counter.

¶43

Hence, the present Civil Revision Petition has filed by the petitioner.

¶44

Since it is only a limited prayer seeking direction to dispose of

¶45

the petition in I.A.No.1 of 2020 in O.S.No.685 of 1995 within the stipulated

¶46

period, notice to the respondents not required. Hence, notice to the respondents dispensed with.

¶47

Considering the submissions made and on perusal of the

¶48

material, this Court directs the Trial Court (The Principal Sub Judge, Coimbatore) to conclude the proceedings in I.A.No.1 of 2020 in O.S.No.685

¶49

of 1995 without any further delay, preferably within a period of three months

¶50

from the date of receipt of a copy of this order.

¶51

https://www.mhc.tn.gov.in/judis 3/5

¶52

C.R.P.No.2289 of 2024

¶53

With the above directions, this Civil Revision Petition is

¶54

disposed of. No costs.

¶55

30.07.2024

¶56

Index : Yes/No Internet : Yes/No Speaking order/Non speaking order Neutral Citation : Yes/No

¶57

¶58

¶59

The Principal Sub Judge, Coimbatore.

¶60

https://www.mhc.tn.gov.in/judis 4/5

¶61

C.R.P.No.2289 of 2024

¶62

M.NIRMAL KUMAR, J.

¶63

¶64

C.R.P.No.2289 of 2024

¶65

30.07.2024

¶66

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

Vaishnavi v. D.Vijayakumar

Case brief

What is this about?

What did the court decide?

Vaishnavi v. D.Vijayakumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.Namgiri Lakshmi Vs v.Gowtham Gupta

Indhumathi Vs Suresh

Bharat Petroleum Corporation Ltd, Vs Phoolvathi Dharambir Aggarwal (Died)

Sujatha Vs Sujatha

Mangalakshmi (Died), a.Loganathan (Died), 1.P.SUNDARI Vs Ravi

T. Rajamanickam Vs Vimala