Allowed

H. Santhi v. Balakrishnan

Madras HC18 Dec 2024CRP(MD)/3163/2024

Case brief

AI extract

What is this about?

The Madras High Court, acting under Article 226 of the Constitution of India, directed the District Munsif Court in Rameswaram to dispose of a partition suit (O.S.No. 27 of 2017) within two months to ensure justice, noting delays caused by the respondent's side.

What did the court decide?

Direction to the District Munsif Court, Rameswaram, to dispose of O.S.No. 27 of 2017 within two months from receipt of a copy of this order.

H. Santhi Vs Balakrishnan — Partition | Madras HC (2024)

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C.R.P(MD)No.3163 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.12.2024

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CORAM

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THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

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C.R.P(MD)No.3163 of 2024

1.H.Santhi

2.A.Vasanthi

... Petitioners

Vs.

1.Balakrishnan

Mr.Radhakrishnan (Died)

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2.Thirumurugan

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3.Saravanavalli @ Latha

4.Roopakala

5.Jeyameena

6.R.Santhi

7.R.Mathan

8.Selvi.R.Harini Meenakshi

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1/5

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

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C.R.P(MD)No.3163 of 2024

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9.Selvi.R.Ramya

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... Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Lower Court to dispose of the O.S.No. 27 of 2017 on the file of the District Munsif Court, Rameswaram within a time frame fixed by this Court and allow this Civil Revision Petition.

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For Petitioners : Mr.R.J.Karthick

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ORDER

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This Civil Revision Petition has been filed seeking a direction to dispose of the O.S.No.27 of 2017 pending on the file of the learned District Munsif Court, Rameswaram within a time stipulated by this Court.

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2. According to the revision petitioners, they filed a suit for the relief of partition. Before the Covid-19 lockout, the defendant filed various interlocutory applications to delay the suit. After completion of

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2/5

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

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C.R.P(MD)No.3163 of 2024

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plaintiff's side argument, the suit was posted for defendant's side argument on 18.03.2024 itself. But at the request of defendant's side suit is periodically posted for defendant side arguments. Hence, the present Civil Revision Petition is filed.

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3. Heard the learned counsel appearing for petitioner. Since the revision is filed for seeking early disposal, no notice is necessary to the respondent.

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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 District Munsif Court, Rameswaram, to dispose of the case as expeditiously as possible.

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5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned District Munsif Court, Rameswaram to dispose of the O.S.No.27 of 2017 pending on his file, within a period of two (2) months from the date of receipt of a copy of this order on merits

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

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C.R.P(MD)No.3163 of 2024

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and in accordance with law. There shall be no order as to costs.

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18.12.2024

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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The District Munsif Court, Rameswaram.

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4/5

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

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C.R.P(MD)No.3163 of 2024

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K.GOVINDARAJAN THILAKAVADI, J.

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BTR

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Order made in C.R.P(MD)No.3163 of 2024

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18.12.2024

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5/5

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

H. Santhi v. Balakrishnan

Case brief

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H. Santhi v. Balakrishnan

Case brief

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