P.Selvarani vs Kannagi
2022 Latest Caselaw 17122 Mad

                                                                               CRP(PD)(MD)No.1913 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                     DATED : 01.11.2022
                                                           CORAM:
                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI
                                               CRP(PD)(MD)No.1913 of 2022

                     Duraipeter @ Peter (Died)
                     1. P.Selvarani
                     2. P.Rajareegan                                               ... Petitioners

                                                             versus
                     1. Kannagi
                     2. Xavier Paulraj
                     3. Jeyapushpam
                     4. Rosari
                     5. Margret Reeta
                     6. Vimal Kumar
                     7. Nalini
                     8. Panchavarnam
                     9. Chellam
                     10. Siluvairaj
                     11. Vanathi
                     12. Udaiyappa                                                 ... Respondents

                                  Civil Revision Petition filed under Article 227 of the Constitution
                     of India, seeking a direction to the Principal District and Sessions
                     Court, Sivagangai, to dispose of A.S.No.5 of 2018 pending on its file,
                     within the time stipulated by this Court.



                     1/4



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                                                                            CRP(PD)(MD)No.1913 of 2022


                                       For Petitioners   : Mr.N.Tamilmani
                                       For R1, R3 and R5: Mr.S.Srinivasa Raghavan
                                       For R2, R4, R6 to
                                            R12          : No appearance

                                                          ORDER

The petitioners have filed this Civil Revision Petition with a

grievance that the appeal suit in A.S.No.5 of 2018 filed by them in the

year 2018 is still pending before the Principal District and Sessions

Court, Sivagangai. Therefore, they seek for a direction to the Appellate

Court for early disposal of A.S.No.5 of 2018.

2. The learned counsel appearing for the respondents 1, 3 and 5

submits that against the Judgment and Decree dated 23.06.2017 passed

in O.S.No.41 of 2009, the petitioners have filed the appeal suit in

A.S.No.5 of 2018. On the very same Judgment and Decree dated

23.06.2017, the respondents 1, 3 and 5 have also filed another appeal

with a delay of 165 days and the same is pending before the Principal

District and Sessions Court, Sivagangai, in I.A.No.28 of 2018. He

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1913 of 2022

further submits that the said interlocutory application is listed along

with the appeal suit, however, there is some delay in proceeding

further.

3. Considering the rival submissions made and also considering

the fact that appeal suit in A.S.No.5 of 2018 was filed in the year 2018,

which is still pending, this Court directs the learned Principal District

and Sessions Judge, Sivagangai, to dispose of both the appeal suits

filed by the petitioners herein and also filed by respondents 1, 3 and 5,

on merits and in accordance with law, within a period of three months

from the date of receipt of a copy of this order.

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

disposed of. No costs.

01.11.2022 Index : Yes / No. Internet : Yes / No. ogy

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1913 of 2022

B.PUGALENDHI, J.

ogy

To

1. The Principal District and Sessions Court, Sivagangai.

CRP(PD)(MD)No.1913 of 2022

01.11.2022

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