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Elangovan v. N. Mala

Madras HC19 Feb 2025CRP(MD)/423/2025

Case brief

AI extract

What is this about?

C.R.P(MD)No.423 of 2025; Madurai Bench of Madras High Court; Justice R.Vijayakumar; dated 19.02.2025; Article 227 Constitution of India; civil revision petition to expedite trial of partition suit O.S.No.180 of 2020, Sub Court, Kulithalai; plaintiffs (respondents 1-5) failed to pay batta to serve 3rd defendant residing abroad; adjourned from 05.09.2022 and on 18.12.2024 to 05.03.2025; Court declined to direct expeditious disposal as defendant unserved; disposed of with observation that trial court pass appropriate orders without unnecessary adjournments; no costs.

What did the court decide?

No direction for expeditious disposal issued; the Civil Revision Petition was disposed of with the Court's observations that the trial court pass appropriate orders without unnecessary adjournments; no costs. ¶22

Elangovan Vs N. Mala — Writ and Judicial Review | Madras HC (2025)

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C.R.P(MD)No.423 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.02.2025

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(MD)No.423 of 2025

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Elangovan ... Petitioner/1^st Defendant Vs. 1.N.Mala 2.P.Muthamilselvi 3.V.Santhanalakshmi 4.V.Jeyalakshmi 5.V.Arumugam @ Murugavel ... Respondents/Plaintiffs 6.E.Devaki 7.M.Pragadeeswari Kala .. Respondents/Defendants 2&3

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Sub Court, Kulithalai to dispose of the suit in O.S.No.180 of 2020 which is pending on its file within the stipulated time in accordance with law.

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

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C.R.P(MD)No.423 of 2025

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For Petitioner : Mr.K.Sathish Kumar

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ORDER

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The 1^st defendant in O.S.No.180 of 2020 on the file of Sub Court, Kulithalai is the revision petitioner herein.

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The respondents 1 to 5 herein as plaintiffs have filed the above

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said suit for the relief of partition and separate possession. The defendants 1 and 2 have already entered appearance and they have already filed their written statement in the year 2022. So far, the 3^rd defendant who is residing abroad has not been served. The plaintiffs have not taken any steps to pay batta to serve the 3^rd defendant. Therefore, for payment of batta, the suit is being adjourned from 05.09.2022 onwards. On 18.12.2024, again it has been adjourned to 05.03.2025 for payment of batta for issuing fresh summons to the 3^rd defendant through Court and post. Therefore, it is clear that the plaintiffs are not taking steps to serve the 3^rd defendant. It is the grievance of the 1^st defendant that in view of the delay, the suit could not be proceeded with and hence, he has filed the present revision petition to expedite the trial.

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

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C.R.P(MD)No.423 of 2025

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So far, the 3^rd defendant in the suit has not been served. In such circumstances, this Court is not in a position to issue a direction for expeditious disposal of the suit. However, when the plaintiffs are not taking steps to serve the 3^rd defendant for the past 2 years, it is for the Court to pass appropriate orders without giving unnecessary adjournments.

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