Disposed

Sundaram, v. Rajadurai

Madras HC6 Feb 2024CRP(MD)/250/2024

Case brief

AI extract

What is this about?

Plaintiff sought expedited disposal of his pending partition suit through Article 227 revision petition. The High Court declined to fix a time frame absent pendency and workload particulars, but permitted the senior-citizen plaintiff to seek priority disposal from the trial Court per High Court circulars.

What did the court decide?

Petitioner given liberty to approach the trial Court seeking early trial on grounds of senior citizenship; no costs.

Sundaram, Vs Rajadurai — Partition | Madras HC (2024)

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C.R.P.(MD)No.250 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.02.2024

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.250 of 2024

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Sundaram ... Petitioner/ Plaintiff

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Vs.

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Rajadurai

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Radha

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Manimaran

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Minor Pranish Bala

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Minor Preethika Shree

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Kanagam

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Pandidurai

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Kumar

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Nataraj

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Selvi ... Respondents/ Defendants

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

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1/6

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Prayer

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C.R.P.(MD)No.250 of 2024

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Judge, Sivagangai to expedite the hearing in O.S.No.63 of 2020 on its file and dispose of the same within the time frame fixed.

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For Petitioner : Mr.R.Balakrishnan

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ORDER

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The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.63 of 2020, pending on the file of the Principal District and Sessions Court, Sivagangai, within a specified time fixed by this Court.

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I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

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The revision petitioner as plaintiff has filed the suit in O.S.No.63 of 2020, claiming relief of partition against the respondents.

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The learned counsel appearing for the revision petitioner would

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submit that in the suit, summons was ordered to the respondents and after

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C.R.P.(MD)No.250 of 2024

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receiving the summons, the respondents 1 and 6 appeared through advocate and the remaining respondents remained ex parte , that the respondents 1 and 6 filed their written statement and thereafter, the case is being adjourned again and again, that the revision petitioner is a senior citizen and that therefore, the trial has to be expedited.

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The fact remains that the suit was filed in the year 2020. 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 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.

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As rightly pointed out by the learned counsel appearing for the revision petitioner, the revision petitioner is a senior citizen. In view of the

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C.R.P.(MD)No.250 of 2024

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above, the revision petitioner is at liberty to 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 and on the ground of senior citizenship.

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With the above observation and direction, the Civil Revision

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Petition is disposed of. No costs.

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06.02.2024

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NCC :yes/No Index :yes/No Internet:yes/No csm

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The Principal District and Sessions Court, Sivagangai.

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

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C.R.P.(MD)No.250 of 2024

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C.R.P.(MD)No.250 of 2024

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K.MURALI SHANKAR,J.

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csm

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Order made in C.R.P.(MD)No.250 of 2024

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Dated : 06.02.2024

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Sundaram, v. Rajadurai

Case brief

What is this about?

What did the court decide?

Sundaram, v. Rajadurai

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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