Revision petitions sought a direction for early disposal of cross appeal suits arising from common judgment in title and possession suits. The court directed the Subordinate Judge to dispose of the appeals expeditiously within four months without examining merits.
Direction to dispose of A.S.Nos.47 and 48 of 2019 within four months; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.[NPD].Nos.4722 & 4783 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 21.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.R.P.[NPD].Nos.4722 & 4783 of 2024
Ganesan
2.Kalpana
. . . Petitioners in both CRPs
Versus
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C.R.P.[NPD].Nos.4722 & 4783 of 2024
PRAYER : Petitions filed under Article 227 of Constitution of India to direct the learned Subordinate Judge, Thiruvannamalai & District to dispose of the cases in A.S.Nos.47 and 48 of 2019 within a stipulated period.
For petitioner : Mr.C.Santhoshkumar [in both CRPs] For respondents : Mr.D.Gopal, Government Advocate–R2 [CRP 4722 of 2024]
COMMON ORDER
These Civil Revision Petitions have been filed to direct the learned Subordinate Judge, Thiruvannamalai to dispose of the appeal suits in A.S.Nos.47 and 48 of 2019 within a stipulated period fixed by this Court.
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C.R.P.[NPD].Nos.4722 & 4783 of 2024
of 2015 against the first respondent for declaration and delivery of possession of the suit property. The trial Court by way of a common judgment dated 15.07.2019, has dismissed the suit filed by the first respondent and the suit filed by the husband of the first petitioner has been decreed in his favour. The husband of the first petitioner has also filed Execution Petition in E.P.No.82 of 2019 and the same is pending. The first respondent has filed Appeals in A.S.Nos.47 of 2019 and 48 of 2019 as against the common judgment dated 15.07.2019 and the same are pending. The grievance of the petitioners is that as the appeals are pending, due to the pendency of the appeals and as there is a stay of further proceedings in A.S.No.48 of 2019, he execution petition could not be disposed of. Hence, seeks a direction for early disposal of the appeal suits
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C.R.P.[NPD].Nos.4722 & 4783 of 2024
receipt of a copy of this Order.
disposed of. No costs.
21.11.2024
Index : Yes / No Internet: Yes Speaking/non speaking order
vrc
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C.R.P.[NPD].Nos.4722 & 4783 of 2024
N. SATHISH KUMAR, J.
vrc
C.R.P.[NPD].Nos.4722 & 4783 of 2024
21.11.2024
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1 issue framed by the court
Whether the Subordinate Judge, Thiruvannamalai should be directed to decide pending appeal suits A.S.Nos.47 and 48 of 2019 within a stipulated time.
1 provisions across 1 enactments
Ganesan
Alamelu
Kalpana
C.N. Arumugam
The President, Somasipadi Village, Kizhpennathur Taluk, Thiruvannamalai District
Sumathi
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
