E.Vanaja vs Sachidanandam
2023 Latest Caselaw 11191 Mad

                                                                      C.R.P.(MD) No.2108 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 24.08.2023

                                                   CORAM

                   THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

                                        C.R.P.(MD) No.2108 of 2023

                E.Vanaja                                                       ... Petitioner

                                                      Vs.

                   Nagammal (died)

                1.Sachidanandam

                2.Mathivanan @ Durairaj

                3.Kannapiran @ Somasundaram

                4.Manimekalai

                5.Mangaiyarkarasi

                6.Geetha @ Sangeetha

                7.Mahadevan

                8.Venkatesh Prabhu                                            ... Respondents

                Prayer: This Civil Revision Petition filed under Article 227 of the Constitution
                of India, to direct the Principal Sub Court at Thanjavur to dispose I.A.No.363
                of 2018 in O.S.No.27 of 2022 within a time to be stipulated by this Court.



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                                                                           C.R.P.(MD) No.2108 of 2023

                                       For Petitioner     : Mr.S.Prabhu

                                                        ORDER

This Civil Revision Petition has been filed by the petitioner for speedy

disposal of I.A.No.363 of 2018 in O.S.No.27 of 2022 on the file of the

Principal Sub Court, Thanjavur.

2. This Civil Revision Petitioner filed by the petitioner is only for speedy

disposal of I.A., notice for the respondents is not required and is therefore

dispensed with.

3. According to the petitioner, the petitioner/plaintiff filed the suit in

O.S.No.27 of 2022 before the Principal Subordinate Court, Thanjavur for

partition and separate possession of her 1/8th share and for mesne profit. The

defendants in the suit claimed rights on the basis of an alleged Will dated

01.02.2000. The suit was decreed on 30.03.2007, against which, the defendants

preferred an appeal in A.S.No.20 of 2007 before the Principal District Court,

Thanjavur. The first Appellate Court by its Judgment and Decree dated

29.08.2008 modified the decree dated 30.03.2007 passed in O.S.No.27 of 2022

and held that the petitioner/plaintiff was entitled to 1/16th share in B and C1

Suit Schedule Properties.

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C.R.P.(MD) No.2108 of 2023

4. Against the Judgment and Decree dated 29.08.2008 passed by the first

Appellate Court in A.S.No.20 of 2007, the petitioner/plaintiff filed S.A.(MD)

No.76 of 2009 before this Court. In the S.A., this Court has passed Judgment

and Decree dated 28.02.2014 holding that the petitioner/plaintiff was entitled

to 5/56th share in each B, C and C1 Suit Schedule Properties. This Court also

permitted the petitioner/plaintiff to work out her remedy for mesne profits with

regard to the said properties by taking a separate proceedings under Order 20

Rule 12 of the Code of Civil Procedure, 1908. Against the Judgment and

Decree dated 28.02.2014 passed by this Court in S.A.(MD) No.76 of 2009, the

first respondent herin had preferred S.L.P.(C) No.22155 of 2014 before the

Hon’ble Apex Court which is pending.

5. As per liberty given by this Court in Judgment and Decree dated

28.02.2014 passed in S.A.(MD) No.76 of 2009, the petitioner filed I.A.No.363

of 2018 in O.S.No.27 of 2002 before the Principal Sub Court, Thanjavur for

mesne profits. It is submitted that till the date of filing I.A.No.363 of 2018, the

petitioner is entitled to a sum of Rs.38,55,000/- with subsequent mesne profits

till the date of realization.

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C.R.P.(MD) No.2108 of 2023

6. The learned counsel appearing for the petitioner would submit that

from 17.08.2018, I.A. was adjourned 6 times for filing counter affidavit and the

counter affidavit was filed on 29.10.2018 and from 08.11.2018, the case was

adjourned 71 times for enquiry. It is submitted that till date, no final order is

passed in the I.A. and the respondents are periodically dragging on the

proceedings in I.A. with the intention to avoid paying the mesne profits to the

petitioner/plaintiff. Therefore, the petitioner/plaintiff was constrained to

approach this Court for speedy disposal of the I.A.

7. Considering the above facts and circumstances of the case, the learned

Principal Sub Judge, Thanjavur is directed to dispose the I.A.No.363 of 2018

in O.S.No.27 of 2002 on merits, without giving any unnecessary adjournments,

expeditiously, within a period of 3 months from the date of receipt of a copy of

this order.

8. Accordingly, this Civil Revision Petition is disposed of. No cost.

24.08.2023 NCC :Yes/No Internet: Yes/No Index: Yes/ No jen

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C.R.P.(MD) No.2108 of 2023

To

The Principal Sub Judge, Madurai.

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C.R.P.(MD) No.2108 of 2023

K.GOVINDARAJAN THILAKAVADI, J.

jen

C.R.P.(MD) No.2108 of 2023

24.08.2023

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