Partition suit plaintiffs sought early disposal of their suit pending over seven years before the Subordinate Judge, Vedasandoor. The High Court directed the trial court to dispose of the suit within six months on merits and in accordance with law, without notice to respondents.
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C.R.P(MD)No.3125 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.12.2024
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P(MD)No.3125 of 2024 and
C.M.P(MD)No.17963 of 2024
1.Nalla Thambi
3.P.Jothimani ... Petitioners
Vs.
1.N.Palanisamy
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C.R.P(MD)No.3125 of 2024
8.Palaniyammal
... Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Vedasandoor, Dindigul District to dispose the above suit in O.S.No.70 of 2017 on his file as expeditiously as possible and within the time stipulated by this Court and thus allow the above Civil Revision Petition and pass suitable orders as this Court.
For Petitioners : Mr.T.Manikandan
ORDER
This Civil Revision Petition has been filed seeking a direction to
dispose of the suit in O.S.No.70 of 2017 pending on the file of the learned Subordinate Judge, Vedasandoor, Dindigul District within a time stipulated by this Court.
2. According to the revision petitioners, the petitioners are the
plaintiffs in the suit in O.S.No.70 of 2017 for the relief of partition of the suit schedule property. Since it is more than seven years, there is no
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C.R.P(MD)No.3125 of 2024
improvement in further progress of the suit resulting in which, the petitioners have been put to severe financial loss and mental agony.
Hence, the present Civil Revision Petition is filed.
3. Heard the learned counsel appearing for petitioner. Since the
revision is filed for seeking early disposal, no notice is necessary to the respondent.
4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Subordinate Judge, Vedasandoor, Dindigul District, to dispose of the suit as expeditiously as possible.
5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned Subordinate Judge, Vedasandoor, Dindigul District to dispose of the suit in O.S.No.70 of 2017 pending on his file, within a period of six (6) months from the date of receipt of a copy of this order on merits and in accordance with law. There shall be
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C.R.P(MD)No.3125 of 2024
no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
12.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To The Subordinate Judge, Vedasandoor, Dindigul District.
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C.R.P(MD)No.3125 of 2024
K.GOVINDARAJAN THILAKAVADI, J.
BTR
Order made in C.R.P(MD)No.3125 of 2024
12.12.2024
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1 issue framed by the court
Should the trial court be directed to expedite disposal of a seven-year-old partition suit?
1 provisions across 1 enactments
Nalla Thambi
Dhanalakshmi
P.Jothimani
N.Palanisamy
Rengasamy
R.Selvam
K.Govindarajan Thilakavadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
