Citation : 2021 Latest Caselaw 10379 Mad
Judgement Date : 22 April, 2021
C.R.P. (PD)No.482 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.(PD).No.482 of 2017
and
C.M.P.No.2390 of 2017
1.CHINNA KANNAN @ MURUGESAN
S/o. Purudaiyan @ Perumal
2.VELU
S/o.Chinna Kanna @ Murugesan
3.SARAVANAN
S/o.Chinna Kannan @ Murugesan
4.ALAMU @ ALAMELU
W/o. Chinna Kannan @ Murugesan ... Petitioners
Vs.
1.MANGAMMAL
W/o.Sagadevan
Rep. By Power Agent Raja
2.VELAYUTHAM
S/o.Madha Gounder
3.KUPPAN
S/o.Madha Gounder
1/5
http://www.judis.nic.in
C.R.P. (PD)No.482 of 2017
4.MUTHAMMAL
W/o.Ramasamy
5.SEEGALAN @ PERUMAL
S/o.Perumal
6.MADHU
S/o.Seegalan @ Perumal
7.MUNIAPPAN
S/o.Seegalan @ Perumal
8.PERUMAL
S/o.Seegalan @ Perumal
9.LATCHUMI
D/o. Seegalan @ Perumal
10. PALANIAMMAL
D/o.Seegalan @ Perumal ... Respondents
Prayer: Petition filed under Article 227 of the Constitution of India
praying to set aside the order dated 16.09.2016 passed in I.A.No.379(A) in
O.S.No.170 of 2008, on the file of the Sub-Court, Dharmapuri, by allowing
this Civil Revision Petition.
For Petitioners : Mr.Subbiah, Senior Counsel
for M/s.Elizabeth Ravi
For Respondents : Mr.T.Balaji for R1
Mr.R.Rajaramani for R2
No Appearance for R3 to R10
2/5
http://www.judis.nic.in
C.R.P. (PD)No.482 of 2017
ORDER
(The case has been heard through video conference)
When the matter is taken up today for consideration, the learned
counsel appearing for the petitioners would submit that the Revision has
been filed against the order passed by the trial Court, granting permission to
amend the plaint. She would further submit that even prior to the filing of
Civil Revision Petition, based on the amended plaint, the petitioners /
defendants had filed additional written statement on 13.11.2016 and based
on the additional written statement, the trial has also commenced and
thereafter additional issues were framed, P.W.1 has also been examined in
chief and she has also been partly cross examined, thereby she would fairly
submit that the relief sought for in this civil revision petition has become
infructuous and accordingly prays for appropriate orders.
3.At this juncture, Mr.T.Balaji, learned counsel appearing for the
respondents would submit that originally the suit was filed in the year 2000
and it was re-numbered as O.S.No.170 of 2008 and was pending before the
Sub-Court, Dharmapuri and thereafter the case has been transferred to Sub-
http://www.judis.nic.in C.R.P. (PD)No.482 of 2017
Court, Palacode and taken up in O.S.No.1 of 2018 and thereby he would
pray that a direction may be issued to the trial Court to complete the trial
within a specified period.
4.Recording the said submissions made by the learned counsel for the
petitioners, this Civil Revision Petition stands dismissed as infructuous. The
Sub-Court, Palacode, is hereby directed to complete the trial and deliver the
judgment in O.S.No.1 of 2018 as expeditiously as possible, preferably,
within a period of nine (9) months from the date of receipt of a copy of this
order. Consequently, the connected miscellaneous petition is closed. No
costs.
22.04.2021 kas
Index : yes / no Internet : yes / no Speaking / Non Speaking order
To:
1.The Sub Court Dharmapuri
2.The Sub-Court Palacode
http://www.judis.nic.in C.R.P. (PD)No.482 of 2017
A.D.JAGADISH CHANDIRA, J.
kas
C.R.P.(PD).No.482 of 2017 and C.M.P.No.2390 of 2017
22.04.2021
http://www.judis.nic.in
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