Madras High Court
Amulu vs Jathroothammal on 8 August, 2023
C.R.P(PD)No.2715 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P(PD)No.2715 of 2023
1.Amulu
2.Anjaleena
3.Anthonyraj
4.Amalraj
5.Kasper
6.Tharsus
7.Christhuraj
8.Irudhayaraj
9.Sagayaraj ...Petitioners
vs.
1.Jathroothammal
2.George
3.Sivasubramanian
4.Rajamanickam
5.Thirugnanasammandham
6.Meenatchi
7.Anbu Elangovan
8.Pulikesi
9.Nallathambi
10.Manimaran
11.Saravanan
12.M/s.Tamil Nadu Waste Management Limited,
Rep. by Sreedhar Reddy,
13th Block, 2G, Nolambur, Chennai – 600 095.
13.Venkatesh
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C.R.P(PD)No.2715 of 2023
14.M/s.Maridi Eco Industries Pvt. Ltd.,
Rep. by its Managing Director,
Alla Peri Reddy,
No.5, C.M.Palaza, No.71,
8th Cross, 1st Main, Sampangirama Nagar,
Bangalore – 560 027.
15.Chanti Anji Reddy ...Respondents
Prayer: Civil Revision Petition filed under Article 227 of the
Constitution of India, praying for speed disposal in O.S.No.36 of 2018
which is pending on the file of the learned Sub-Ordinate Judge,
Maduranthakam, within stipulated time of the above original suit.
For Petitioners : Mr.P.Vijendran
ORDER
The Civil Revision Petition has been filed seeking for speedy
disposal and to fix a time in O.S.No.36 of 2018, which is pending on the
file of the learned Subordinate Judge, Maduranthakam.
2.The brief facts of the case is that the petitioners are the lawful
and absolute co-sharers of the property of land comprised in Kinar
Village at S.No.30 to an extent of 1 acre 87 ½ cents at Kinar Village,
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C.R.P(PD)No.2715 of 2023
Madurantakam Taluk, Kancheepuram District which is more fully
described in the scheduled property referred to as the Item No.1 and the
property of land comprised in Kinar Village at S.No.29/4 to an extent of
92 cents at Kinar Village, Madurantakam Taluk, Kancheepuram District
which is more fully described in the scheduled property referred to as the
Item No.2. The said Item No.1 property originally purchased by Jhornas
Mastry under various registered Sale Deeds vide Doc.No.588/1941,
Doc.No.777/1943, Doc.No.212/1946 and Doc.No.882/1943 before the
SRO, Maduranthakam. The said Item No.2 property was also purchased
by the said Jhornas Mastry under the registered Sale Deed vide
Doc.No.588/1941 before the SRO, Maduranthakam.
3.Learned counsel for the petitioners submitted that the petitioners
are entitled for 3/4th share in the suit property. When the petitioners had
applied for an Encumbrance Certificate before the SRO,
Maduranthakam, they came to know on perusing the entries that the first
respondent had fraudulently sold Item No.1 of the suit property to the
second respondent under registered Sale Deed vide Doc.No.10/1990.
According to the petitioners, the tenth respondent was set exparte on
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C.R.P(PD)No.2715 of 2023
02.01.2010 and the respondents 11, 13, 14 and 15 were also set as
exparte on 08.02.2023 for non-filing of their respective written
statements and the respondents 3 to 6 were also set as exparte on
01.03.2023 by the learned Subordinate Judge, Madurantakam.
4.He further submitted that the second respondent died and
therefore, the petitioners filed a petition on 08.02.2023 to set aside
abatement under Order XXII Rule 9 read with Section 151 of C.P.C and
the said petition had been returned on 01.03.2023 for certain compliance.
The same had been complied and re-presented.
5.According to the petitioners, the respondents 1, 7 to 10 are alive
and they have not filed a written statement till now. Due to pendency of
O.S.No.36 of 2018, the petitioners are facing huge economical loss and
therefore, the Court ought to have completed the trial within the
reasonable time after providing equal opportunity to all the stakeholders.
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C.R.P(PD)No.2715 of 2023
6.Heard learned counsel for the petitioners and perused the
materials available on record.
7.On going through the averments, it is seen that originally the suit
was filed to pass a Decree and Judgment in favour of the plaintiffs
against the defendants: (a) to pass a preliminary decree of partition and
separate possession on the suit property into 4 equal shares and allot
3/4th share to the plaintiffs by metes and bounds, (b) to appoint an
Advocate Commissioner to effect division of the schedule mentioned
property for passing a final decree in accordance with law, (c) for
declaration of registered Sale Deed Document No.10 of 1990 dated
03.01.1990 on the file of the SRO, Maduranthakam as null and void and
(d) for declaration of registered Sale Deed Document No.215 of 1994
dated 09.02.1994 on the file of the SRO, Maduranthakam as null and
void. According to the petitioners, the respondents 1, 7 to 10 are alive
and they have not filed a written statement till now. It was submitted that
due to pendency of the said Original Suit, the petitioners are facing huge
economical loss.
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C.R.P(PD)No.2715 of 2023
8.Considering the facts and circumstances of the case, the
submissions made by the learned counsel for the petitioners and as the
suit is of the year 2018, this Court is of the view that a direction may be
given to the Trial Court to dispose of the matter . Accordingly, the Trial
Court is directed to complete the proceedings and dispose of O.S.No.36
of 2018 as expeditiously as possible preferably within a period of one
year, i.e. 31.09.2024.
9.With the above direction, this Civil Revision Petition is disposed
of. There shall be no order as to costs.
08.08.2023
Index: Yes/No
Speaking Order/Non-Speaking Order
pam
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C.R.P(PD)No.2715 of 2023
To
The Sub-Ordinate Judge, Maduranthakam.
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C.R.P(PD)No.2715 of 2023
V.BHAVANI SUBBAROYAN, J.
pam
C.R.P(PD)No.2715 of 2023
08.08.2023
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