Madras High Court
K.Murugan vs Thangaiah on 13 October, 2022
C.R.P PD(MD)No.2070 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 13.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.R.P(MD)No.2070 of 2022
1.K.Murugan
2.P.Sundar
3.Kamatchiyammal
4.Seeniyammal
Saraswathi (Died)
5.Indirani
6.Rajendran (Died)
7.Ayyappan
8.Mariyammal
9.Saraswathi
10.Murugesan
11.Muthulakshmi
Alagumani (Died) ... Petitioners
Vs
1.Thangaiah
K.Kanagaraj Chettiar (Died)
2.P.Karuupa Thevar
Mayandi (Died)
3.Rajamani
4.Sakkaraipandian ...Respondents
1/5
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C.R.P PD(MD)No.2070 of 2022
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to direct the learned Subordinate Judge, Theni to
dispose of A.S.No.65 of 2015, within the time fixed by this Court.
For Petitioners : Mr.C.Ganesh Kumar
For R1 : Mr.K.Hemakarthikeyan
For R2 : Mr.C.Jegannathan
For R3 : Mr.N.Senthil Kumar
ORDER
This Civil Revision Petition is filed for early disposal of the
appeal in A.S.No.65 of 2015, which is pending before the Subordinate
Court, Theni.
2.The learned counsel appearing for the petitioners submits
that the unsuccessful first defendant in O.S.No.183 of 2008 filed an
appeal in A.S.No.65 of 2015, before the Subordinate Court, Theni and
the appeal could not be taken up for hearing, in view of the death of
some of the respondents in the appeal. He further submits that though
the petitioners herein/defendants 5 & 6 are ready to co-operate with the
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C.R.P PD(MD)No.2070 of 2022
first Appellate Court for disposal of the appeal, the respondents are
dragging the proceedings. The petitioners claim that they want to enjoy
the suit property during their life time, hence they have come before
this Court for early disposal of the appeal.
3. This Court considered the submissions of the learned
counsel for the petitioners and also perused the materials placed on
record.
4.Perusal of the records shows that the appeal in A.S.No.65
of 2015 was filed as against the Judgment and decree passed by the
learned District Munsif, Theni in O.S.No.183 of 2009 on 10.09.2015.
The appeal is pending from the year 2015 due to pendency of
interlocutory application in I.A.No.1 of 2019.
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C.R.P PD(MD)No.2070 of 2022
5.Considering the limited prayer sought for by the
petitioners and taking into consideration the fact that the appeal is of
the year 2015, this Court is inclined to dispose of this Civil Revision
Petition with a direction to the learned Subordinate Judge, Theni to
dispose of the appeal in A.S.No.65 of 2015 within a period of four
months from the date of receipt of a copy of this order.
6. With the above direction, this Civil Revision Petition is
disposed of. No costs.
13.10.2022
Index : Yes / No.
Internet : Yes / No.
vrn
To
The Subordinate Court, Theni
https://www.mhc.tn.gov.in/judis
C.R.P PD(MD)No.2070 of 2022
B.PUGALENDHI, J.
vrn
C.R.P(MD)No.2070 of 2022
13.10.2022
https://www.mhc.tn.gov.in/judis
