Madras High Court
R.Vijaya vs A.Rajan on 25 August, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.08.2021
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P(MD)No.1133 of 2021
R.Vijaya ... Petitioner/Respondent
-vs-
A.Rajan ... Respondents/Appellant
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India, to direct the Subordinate Court, Theni, to dispose
the A.S.No.6 of 2021 within the time frame fixed by this Court.
For Petitioner : Mrs.Deepa Baskaran
for Mr.M.Karunanithi
ORDER
The Civil Revision Petition has been filed seeking for a direction
to Subordinate Court, Theni, for speedy disposal of A.S. No.6 of 2021,
on its file within the time frame fixed by this Court.
2.The learned counsel for the Petitioner would submit that the
Petitioner is a senior citizen and Medical Doctor, by profession. The
petitioner is legal owner of the property which is situated at Door No.22,
https://www.mhc.tn.gov.in/judis/
Subramaniyaswamy Kovil Street, Bodinayakkanur, Theni District. She
inherited the property through the Will and one portion of her property
was illegally occupied by her brother. He would further submit that she
has filed a suit and the same was decreed in favour of her on 03.12.1997.
Against the said Judgment and Decree, her brother had filed an appeal
the same was also dismissed. After the 25years of her struggle, the
petitioner has filed a Execution Petition to take possession of her
property. In the meantime, at the instigation of her brother, one Rajan
who is trespasser in her property has filed a suit for bare injunction,
against the petitioner before the learned District Munsif, Bodinayakanur
in O.S.No.200 of 2012 and the learned Munsif pleased to dismiss the
same against which the respondent has filed an appeal in A.S.No.6 of
2021 before the Subordinate Court, Theni. The petitioner who is a senior
citizen was also assaulted by the respondent in respect of which a
criminal complaint was preferred against him and a case in Crime
No.153 of 2021 was registered by the Bodinayakkanur Police Station.
The respondent has approached this Court by way of filing an
anticipatory bail petition in Crl.O.P.(MD) No.4441 of 2021 and this
Court has also found that the respondent is a rank trespasser into the
property and had dismissed the Anticipatory bail petition. Even after the
Courts below rendered a decree in favour of the petitioner she is unable
https://www.mhc.tn.gov.in/judis/
to take possession and enjoy the property. Now, taking advantage of the
pendency of the appeal in A.S.No.6 of 2021 the respondent is
continuously creating trouble to the petitioner and thereby, the present
petition has been filed seeking for a direction for disposal of the appeal
in A.S.No.6 of 201, within a time frame that may be fixed by this Court.
3.Taken into consideration the above facts and circumstances, this
Court directs the Subordinate Court, Theni to dispose of A.S.No.6 of
2021 on its file, on merits and in accordance with law, as expeditiously
as possible, preferably within a period of six (6) months from the date of
receipt of a copy of this order.
4.With the above direction, the Civil Revision Petition stands
disposed of. No costs.
25.08.2021
Index : Yes/No
Internet: Yes/No
GSA
To
1. The Subordinate Court, Theni.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
A.D.JAGADISH CHANDIRA,J.,
ksa
ORDER MADE IN
C.R.P(MD)No.1133 of 2021
25.08.2021
https://www.mhc.tn.gov.in/judis/
