The petitioner filed a revision under Article 226 to direct the trial court to expedite a probate proceeding. The High Court held the petition infertuous as the main order had already come to an end and dismissed it.
No direction to expedite the trial as the underlying petition had come to an end. Petition dismissed as infructuous.
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.
CRP(MD)No.323 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
CRP(MD)No.323 of 2021
Andavar ... Petitioner/2nd Respondent
Vs
1.Balaji Venkatesh ... Respondent No.1/Petitioner Parvathiammal (Died)
2.Manimekalai 3.Rajendra Sudarsan 4.Veerarajan
Ammalu Ammal (Died)
5.A.Thakur 6.A.Kalyani ... Respondents 2 to 6/Respondents 3 to 5, 7 and 8
Prayer:
This Petition is filed under Article 227 of the Constitution of India to direct the Principal District and Sessions Judge, Theni to expedite the trial in Probate O.P.No.01 of 2011 and to dispose of the same within a time to be fixed by this Court.
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CRP(MD)No.323 of 2021
For Petitioner : Mr.M.Rajesh for Mr.R.Suriyanarayanan For Respondents : R1-Left R2 to R6-Given up
ORDER
The Civil Revision Petition is filed to direct the Principal District and Sessions Judge, Theni to expedite the trial in Probate O.P.No.01 of 2011 and to dispose of the same within a time to be fixed by this Court.
2.When the matter came up for hearing today, the learned counsel for the petitioner submitted that the main O.P.No.01 of 2011 itself came to an end and hence, the prayer in this petition has become infructuous.
3.In view of the same, the Civil Revision Petition is dismissed as infrcutous. No costs.
26.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No sji To
The Principal District and Sessions Judge, Theni.
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CRP(MD)No.323 of 2021
N.SENTHILKUMAR, J.
sji
CRP(MD)No.323 of 2021
26.11.2024
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1 issue framed by the court
Whether the civil revision petition to expedite the trial in Probate O.P. No. 01 of 2011 was maintainable when the main order was found to have come to an end.
1 provisions across 1 enactments
Andavar
Balaji Venkatesh
Manimekalai
Rajendra Sudarsan
Veerarajan
A. Thakur
N. Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
