John Chiristober vs M.Nirmala Nesakumari
2021 Latest Caselaw 17574 Mad

                                                                  1

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 26.08.2021

                                                           CORAM

                              THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                 C.R.P(MD)No.1167 of 2021

                     John Chiristober                             ... Petitioner/2nd Defendant
                                                           -vs-

                     1. M.Nirmala Nesakumari
                     2. M.Dhanasekar
                     3. M.Chandrasekar
                     4. M. Gunasekar
                     5. M.Amala Gunaseeli                         ...Respondents 1 to 5/Plaintiffs
                     6. Mathuram                                  ... 6th Respondent/1st defendant


                     PRAYER: Civil Revision Petition filed under Article 227 of the
                     Constitution of India, to issue direction to dispose the original suit in
                     O.S.No.173 of 2012 on the file of Principal Sub Court, Palani, expedite
                     within stipulated period.


                                        For Petitioner     : Mr.J.Gunaseelan Muthiah


                                                         ORDER

The Civil Revision Petition has been filed seeking for a direction

to Principal Sub Court, Palani, for speedy disposal of O.S. No.173 of

2012, on its file within the time frame fixed by this Court. https://www.mhc.tn.gov.in/judis/

2.The learned counsel for the Petitioner would submit that the

Petitioner and the sixth respondent herein are defendants 1 & 2 and the

respondents 1 to 5 are plaintiffs in the suit in O.S.No.173 of 2012 on the

file of the Principal Sub Court, Palani.

3. He would further submit that the suit was filed for the relief,

(i) to pass a preliminary decree and Judgment in favour of the plaintiffs

by passing preliminary decree by dividing the suit schedule properties by

metes and bounds into 5/6th share to the plaintiffs and to provide separate

possession thereof; (ii).if the defendants failed to do so, appoint a

Advocate Commissioner to divide 5/6th share as per preliminary decree;

and (iii).to declare the impugned sale deed executed by the first

defendant in favour of the second defendant, dated 10.08.2007 as Null

and void. He would further submit that the respondents 1 & 6 herein are

senior citizens and for the past nine years there is no progress in the suit.

Hence the Petitioner has filed the above Civil Revision Petition for the

relief stated supra.

3. Considering the facts and circumstances of the case and the

submission of the learned counsel for the Petitioners that the suit is of the

year 2012 which is pending for the last nine years, this Court directs the https://www.mhc.tn.gov.in/judis/

Principal Sub Court, Palani, to dispose of the suit in O.S. No. 173 of

2012 on its file on merits and in accordance with law, as expeditiously as

possible, preferably within a period of six months, from the date of

receipt of copy of the order.

4.With the above direction, the Civil Revision Petition stands

disposed of. No costs.

26.08.2021

Index : Yes/No Internet: Yes/No ksa

To

1. The Principal Sub Court, Palani.

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.1167 of 2021

26.08.2021

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