Madras High Court
S.L.Jawaharlal vs M.Tamilarasan on 14 July, 2021
C.R.P(PD)(MD).No.984 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 14.07.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.R.P(PD)(MD).No.984 of 2021
1.S.L.Jawaharlal
2.M.R.Raveendran
3.Prembabu
4.S.C.Balakrishnan : Petitioners
Vs.
1.M.Tamilarasan
2.A.Bethu Chettiar
3.C.Ganesan
4.N.Murugesan
5.N.Rajendran
6.P.Jayachandran
7.T.Veeralakshmi
8.K.Subbaiah
9.P.Dhanapalan
10.K.Murugan
1/7
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD).No.984 of 2021
11.S.Alagarsamy
12.D.Ravichandran
13.P.Mayakrishnan
14.K.S.Rathakrishnan
15.P.Ramkumar
16.B.Tamilarasi
17.S.Somasundaram
18.S.Vijayakumar
19.V.Murugesan
20.M.Devaraj
21.O.Mayandi
22.T.Saravanakumaravel Rajan
23.S.Kadavul
24.C.Gunasekaran
25.A.Sathiyakala
26.P.Arunachalam
27.L.Athiyappan
28.P.Dhanalakshmi
29.M.Muthusuresh
2/7
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD).No.984 of 2021
30.B.Mookaiah
31.S.Jayaraj
32.M.Ramaraj
33.Krishnaveni
34.Rathinam
35.Mohamed Malik
36.Sundaram
37.Velammal
38.The Sub Registrar,
Theni Sub Register Office,
Theni.
39.The District Collector,
District Collectorate,
Theni. : Respondents
PRAYER:- Civil Revision Petition filed under Article 227 of the
Constitution of India, to direct the learned Subordinate Judge, Theni to
dispose of the A.S.NO.4 of 2016 within a stipulated time as fixed by this
Court.
For Petitioners : Mr.G.Rajaraman
3/7
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD).No.984 of 2021
ORDER
The Civil Revision Petition has been filed seeking a direction to the
learned subordinate Judge, Theni to dispose of the appeal in A.S.No.4 of
2016 within a time frame fixed by this Court.
2.The Revision petitioners are the respondents 2, 3, 11 and 13 and
the defendants 2, 3, 12 and 13. It is evident from the records that the suit in
O.S.No.164 of 2011 filed by the first respondent herein on the file of the
learned District Munsif Court, Theni was dismissed vide judgment and
decree dated 13.08.2015 and that the unsuccessful plaintiff has preferred
an appeal in A.S.No.4 of 2016 and the same is pending on the file of the
Subordinate Court, Theni.
3.The learned Counsel for the revision petitioners would submit that
the appeal is pending from the year 2016 onwards and that the respondents
have been attempting to drag on the proceedings by getting the frequent
adjournments and that therefore the hearing of the appeal has to be
expedited. The revision petitioners in their revision grounds have
specifically stated that there was no presiding officer for most of the time
due to transfer and other things. It is pertinent to note that due to
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD).No.984 of 2021
COVID-19 pandemic, and consequent lock down, the regular functioning
of the Courts are yet to be commenced.
4. 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 Appellate 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.
5. However, the Appellate 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.
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD).No.984 of 2021
6. With the above observation and direction, this Civil Revision
Petition is disposed of. No costs.
14.07.2021
Index : Yes : No
Internet : Yes : No
tta
To
The learned Subordinate Judge, Theni
Note:
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official purposes,
but, ensuring that the copy of the order that
is presented is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD).No.984 of 2021
K.MURALI SHANKAR,J.
tta
C.R.P(MD).No.984 of 2021
14.07.2021
https://www.mhc.tn.gov.in/judis/
