Madras High Court
Govindaraj vs Rangasamy on 6 January, 2021
C.R.P.No.2329 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P No.2329 of 2020
Govindaraj .. Petitioner
Vs.
1. Rangasamy,
2. Kousalya,
3. Kabila,
4. Deepan Chakkaaravathy,
5. Saravanan ... Respondents
Prayer: This Civil Revision Petition filed under Article 227 of the
Constitution of India praying to pass appropriate directions directing the
Principal Sub-Ordinate Court at Ponneri to dispose of the Appeal Suit in
A.S. No.43 of 2018 expeditiously.
https://www.mhc.tn.gov.in/judis/
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C.R.P.No.2329 of 2020
For Petitioner ... Mr.K.J. Parthasarathy
For Respondents ... No appearance
****
ORDER
The Civil Revision Petition has been filed praying to direct
Principal Sub-Ordinate Court at Ponneri to dispose of the Appeal Suit in
A.S. No.43 of 2018 expeditiously.
2. The petitioner herein who is the plaintiff in the suit, has filed
Original Suit in O.S. No.115 of 2009 on the file of the District Munsif,
Ponneri for permanent Injunction restraining the respondents 1 to 5
herein who are the defendants 1 to 5 in the suit and allocation the 1/3rd
share of the suit schedule property to the petitioner/plaintiff and to
declare as sham and nominal the documents alienated by the 1st
defendant/1st respondent herein, in favour of others. After perusing the
oral and documentary evidence, the learned District Munsif, ponneri
passed an order dated 23.07.2018 decreeing the suit in favour of the
petitioner herein as under:
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C.R.P.No.2329 of 2020
"1. That the suit be and the same is hereby decreed
that the plaintiff is entitled to get 1/3rd share of the
property.
2. That the suit be and the same is hereby decreed
granting permanent injunction restraining the defendants 1
to5 and 8 and their men, agents, servants or anyone
authorized on their behalf from alienating, encumbering the
suit schedule property.
3. That the suit be and the same is hereby decreed
declaring that the sale deed dated 03.04.1997 executed in
favour of the 8th defendant by the 1st defendant as null and
void and not binding on the plaintiff.
4. That the suit be and the same is hereby decreed
declaring that the settlement deed dated 29.07.2003
executed in favour of the defendants 2,3,4 and 5 by the 1st
defendant as null and void and not binding on the plaintiff.
5. That the suit be and the same is hereby decreed
declaring that the General Power of attorney deed dated
16.07.1990 executed in favour of the one P.C. Goshi by the
1st defendant as null and void and not binding on the
plaintiff.
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C.R.P.No.2329 of 2020
6. That the suit be and the same is hereby decreed
declaring that the sale deed dated 04.09.1994 executed in
favour of the 8th defendant by the 1st defendant as null and
void and not binding on the plaintiff.
3. Being aggrieved by the aforesaid order, the respondents
herein/defendants 1 to 5 have filed the A.S. No.43 of 2018 before the
Sub-Court, Ponneri on 03.11.2018. The same is pending on its file
without disposal of the case. Hence, the successful petitioner in the Main
suit has filed the present Civil Revision petition seeking for the speedy
disposal of case.
4. The learned Counsel for the petitioner would submit that even
though the main suit was ordered in favour of the petitioner, the
petitioner could not avail the benefit of the order of the Trial Court since
the appeal filed by the defendants/respondents herein is pending since
2019 on the file of the Sub-Court, Ponneri. Even though the Appeal in
A.S. No.43 of 2018 had been filed on 03.11.2018, the first hearing was
scheduled on 23.01.2019 without completion of service. From that day to
27.04.2019, the matter was being adjourned without completion of
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C.R.P.No.2329 of 2020
service. Thereafter, from 06.07.2019 to 01.02.2020, the matter was being
adjourned on the ground of awaiting for records. Then, due to pandemic
of Covid-19, the case was listed on 06.06.2020 after a long period and
the same was further adjourned to 05.09.2020 under the status of
awaiting for records. Thereafter, the case was adjourned to 05.12.2020
in view of the constraints of Covid 19. After the case was taken up for
hearing on 05.12.2020, the case has been further adjourned to 06.03.2021
without disposal of the case for the reason of awaiting for records.
Hence, this Court may be pleased to direct the Court below to dispose of
the case as quickly as possible.
5. On a perusal of the records, it is seen that pursuant to the
Judgment and Decree dated 23.07.2018 passed by the District Munsif,
Ponneri, the petitioner could not avail the benefit of the order due to
appeal in A.S. No.43 of 2018 pending before the Sub-Court, Ponneri
filed by the defendants/respondents herein. The matter has been
adjourned from time to time due to pandemic of Covid 19 and awaiting
for records. Considering the facts and circumstances of the case, this
Court directs the Court below to take up the matter by considering the
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C.R.P.No.2329 of 2020
V.BHAVANI SUBBAROYAN, J.,
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plight of the parties and by calling for the records and proceed in
accordance with the procedure established under law as expeditiously as
possible.
6. With the above directions, the Civil Revision petition is
disposed of. Consequently, connected miscellaneous petition is closed if
any. No costs.
06.01.2021
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Index: Yes/No.
Speaking/Non-Speaking order
Internet: Yes/No.
To:
The Principal Sub-Ordinate Court
Ponneri
C.R.P No.2329 of 2020
https://www.mhc.tn.gov.in/judis/
