Madras High Court
Rukmaniammal vs Dhandapani on 7 October, 2021
C.R.P.Nos.2198 & 2199 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM :
THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P.Nos.2198 & 2199 of 2021
Rukmaniammal ... Petitioner in both the Petitions
Vs
1.Dhandapani
2.Govindan
3.Shanmugam
4.Santhi
5.Minor Umamaheswari
6.Minor Gayathri
7.Minor Manoj
(Respondents 5 to 7 are minors rep.
by Court guardian T.Ananthan)
8.Vasanthi
9.Hemambujam
10.T.Renganathan
11.T.Kannan ... Respondents in both the Petitions
COMMON PRAYER : Civil Revision Petitions filed under Article 227
of the Constitution of India praying to direct the Principal Sub Court,
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C.R.P.Nos.2198 & 2199 of 2021
Vridhachalam to dispose E.A.Nos.342 & 343 of 2016 in E.P.No.69 of
2016 in O.S.No.123 of 2004.
For Petitioner : Mrs.Hema Sampath, Senior
Counsel for Ms.R.Meenal.
COMMON ORDER
C.R.P.No.2198 of 2021 and C.R.P.No.2199 of 2021 have been
filed seeking direction to the Learned Principal Sub Judge, Vridhachalam
to dispose the E.A.Nos.342 & 343 of 2016 respectively in E.P.No.69 of
2016 in O.S.No.123 of 2004.
2.The Learned Counsel for the Petitioner submitted that the
Petitioner's husband Thiruvengadathayangaar filed Suit in O.S.No.123 of
2004 seeking the relief of declaration of title and for recovery of
possession, damages for use and occupation and for other reliefs. The
Suit was decreed on 10.02.2011. The Appeal filed against the Judgment
in A.S.No.69 of 2011 was also dismissed. Then the Petitioner filed
E.P.No.69 of 2016 along with E.A.No.342 of 2016 for recognizing her as
Legal Representative of the deceased Thiruvengadathayangaar and
continuing the execution proceedings. Similar application was filed for
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C.R.P.Nos.2198 & 2199 of 2021
impleading Legal Representative of the deceased First Respondent
Loganathan in E.A.No.343 of 2016.
3.It is further submitted that both the Applications are kept
pending from the year 2016 without disposal. Therefore, these Petitions
are filed seeking direction to dispose these Applications within a time to
be fixed by this Court.
4.It is evident from the narrations of sequence of events that
Suit was filed in the year 2004 for declaration of title, for recovery of
possession and for other reliefs. The Suit was also decreed on
10.02.2011. It appears that the original decree holder and the First
Respondent died. Therefore, E.A.No.342 of 2016 was filed for
impleading the Legal Representative of the original decree holder and
E.A.No.343 of 2016 was filed for impleading the Legal Representative of
the deceased First Respondent.
5.It is submitted that the Applications are pending for enquiry.
It is not known why these Applications are kept pending for five years
without passing orders. Therefore, the Learned Principal Sub Judge,
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C.R.P.Nos.2198 & 2199 of 2021
Vridhachalam is directed to dispose these Applications as expeditiously
as possible, preferably within a period of two months from the date of
receipt of a copy of this Order.
6.Accordingly, these Civil Revision Petitions are allowed. No
costs.
07.10.2021
ay
Index: Yes/No
Internet: Yes/No
To
The Prinicipal Sub Court,
Vridhachalam.
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C.R.P.Nos.2198 & 2199 of 2021
G.CHANDRASEKHARAN, J.
ay
C.R.P.Nos.2198 & 2199 of 2021
Dated:07.10.2021
https://www.mhc.tn.gov.in/judis/
