A.K.D.Kumar Raja vs Rajapalayam Chatram
2023 Latest Caselaw 9169 Mad

                                                                        C.R.P.(MD) No.1805 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 27.07.2023

                                                        CORAM

                   THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

                                              C.R.P.(MD) No.1805 of 2023


                A.K.D.Kumar Raja                                                ... Petitioner

                                                           Vs.
                1.Rajapalayam Chatram
                  1st Schedule Properties
                  through its Hereditary Huqdhar

                2.Ramgeetha

                3.Minor. Srivardhini
                  rep. through her Mother and
                  as natural Guardian, Ramgeetha

                4.Rohiniammal

                5.G.Ranjith Kumar                                              ... Respondents

                Prayer:- This Civil Revision Petition filed under Article 227 of the
                Constitution of India, to direct the learned Subordinate Judge, Srivilliputhur to
                dispose of the petition in I.A.No.2 of 2023 in O.S.No.2 of 1958 on its file,
                within a time frame as may be fixed by this Court.

                                  For Petitioner     : M/s.S.Prabha



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                Page No. 1 of 4
                                                                         C.R.P.(MD) No.1805 of 2023

                                                     ORDER

This Civil Revision Petition is preferred by the petitioner for early

disposal of I.A.No.2 of 2023 in O.S.No.2 of 1958 on the file of the Subordinate

Court, Srivilliputhur.

2. According to the petitioner, he filed I.A.No.2 of 2023 in O.S.No.2 of

1958 before the Subordinate Court, Srivilliputhur to appoint him as Interim

Huqdhar from the 2nd Branch after expiry of the term of the 2nd Branch in the

first respondent Trust till the adjudication of the 3rd Branch. However, the Trial

Court failed to dispose of the I.A.No.2 of 2023 in O.S.No.2 of 1958 within the

stipulated period enabling the petitioner to occupy the office.

3. It is submitted that the Scheme was formed based on the Judgment and

Decree passed in O.S.No.2 of 1958 and therefore, it is just and necessary to

expedite I.A.No.2 of 2023. However, the Trial Court without giving any

reasonable ground is adjourning the I.A.No.2 of 2023 in O.S.No.2 of 1958

without disposing the same. Thus, the petitioner approached this Court for

early disposal of the I.A.No.2 of 2023 in O.S.No.2 of 1958 within the time

frame.

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C.R.P.(MD) No.1805 of 2023

4. Considering the above facts and the circumstances of the case, the

learned Subordinate Judge, Srivilliputhur is directed to dispose the I.A.No.2 of

2023 in O.S.No.2 of 1958 on merits, without giving any unnecessary

adjournments, expeditiously, within a period of 1 month from the date of

receipt of a copy of this order.

5. Accordingly, this Civil Revision Petition is disposed of with the above

direction. No cost.

27.07.2023 Index : Yes / No Internet : Yes/No NCC : Yes/No jen

To: The Judge, Subordinate Court, Srivilliputhur.

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

C.R.P.(MD) No.1805 of 2023

K.GOVINDARAJAN THILAKAVADI, J.

jen

C.R.P.(MD) No.1805 of 2023

27.07.2023

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