Madras High Court
Pandiammal vs Vijaya on 29 April, 2021
C.R.P(MD).No. 744 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.R.P(MD).No.744 of 2021
Pandiammal : Petitioner
Vs
1. Vijaya
2. Vellachamay : Respondents
PRAYER:- Civil Revision Petition filed under Article 227 of the
Constitution of India to dispose of I.A.No.14 of 2020 in A.S.No. 24 of
2017 on the file of the Subordinate Court, Uthamapalayam.
For petitioner : Mr. S. Vellaichamy
ORDER
This revision has been filed seeking a direction to dispose of
the application in I.A.No.14 of 2020 in A.S.No. 24 of 2017 on the file of
the Subordinate Court, Uthamaplayam within a time fixed by this Court.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No. 744 of 2021
2. It is evident from the records that the 1 st respondent /
plaintiff has filed a suit in O.S.No. 45 of 2013 claiming the reliefs of
declaration, mandatory injunction and permanent injunction and after trial,
the suit was dismissed by the learned District Munsif – cum - Judicial
Magistrate, Bodinayakkanur, vide Judgment dated 24.02.2017. Aggrieved
by the dismissal of the suit, she has preferred an appeal in A.S.No. 24 of
2017 on the file of the Sub Court, Uthamapalayam and that the appeal was
dismissed for default vide order, dated 06.11.2019. It is further evident
that the first respondent has filed an application in I.A.No. 14 of 2020 to
condone the delay of 60 days in filing an Application under Order 41 Rule
19 CPC for restoration of the appeal and the same is pending before the
Subordinate Court.
3. The main contention of the revision petitioner is that
meanwhile the appellant / first respondent was reported dead, that the
matter is being adjourned without taking steps for the deceased appellant
and that the petition is pending for the past one year without any progress
and that therefore, the enquiry in the application has to be expedited.
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C.R.P(MD).No. 744 of 2021
4. The fact remains that the Appeal Suit filed in the year 2017
was ordered to be dismissed for default on 06.11.2019 and the application
to restore the appeal along with an application to the condone the delay in
filing the restoration petition were filed in the month of February 2020 and
that the petition to condone the delay in I.A.No. 14 of 2020 is pending for
enquiry. Since the revision petitioner himself has admitted that the first
respondent / appellant was reported dead, the legal representatives of the
deceased appellant have to take steps.
5. The High Court has already issued Circulars to the District
Judiciary directing the Courts to give priority for the cases relating to the
Senior Citizens, HIV affected persons, Defence personnel, Women and
Children etc., It is pertinent to note that the revision petitioner without
approaching the trial Court has directly approached this Court with the
above petition for speedy disposal. In the absence of total pendency
particulars and the work burden of that particular Court, this Court is not
inclined to give any direction to dispose of the case within the specified
period of time.
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C.R.P(MD).No. 744 of 2021
6. However, the Court is required to give priority to the cases,
as per the Circulars of the High Court. The revision petitioner is at liberty
to approach the Appellate Court and if such requisition for early disposal
of the case is made, the learned Appellate Judge is directed to consider the
same, in the light of the circulars issued by this Court.
7. With the above observation and direction, this Civil
Revision Petition is disposed of. No costs.
29.04.2021
Index : Yes : No
Internet : Yes : No
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To
The Subordinate Court, Uthamapalayam.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No. 744 of 2021
K.MURALI SHANKAR,J.
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C.R.P(MD).No.744 of 2021
29.04.2021
https://www.mhc.tn.gov.in/judis/
