S.Panchalingam vs Palanathal (Died)
2023 Latest Caselaw 15490 Mad

Madras High Court

S.Panchalingam vs Palanathal (Died) on 30 November, 2023

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                            C.R.P.No.4282 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 30.11.2023

                                                         CORAM:

                                  THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

                                                 C.R.P.No.4282 of 2023


                    S.Panchalingam                                            ...    Petitioner

                                                        -Vs-
                    Palanathal (Died)

                    1.K.M.Mahalingam
                    2.M.Lakshmanan
                    3.S.Bagyalakshmi
                    4.A.Ramachandran
                    5.D.Ramalakshmi
                    6.Periyanayagam
                    7.Jothiraj                                                ...   Respondents


                    Prayer: Civil Revision Petition is filed under Article 227 of the

                    Constitution of India, praying to direct the learned V Additional District

                    Court in A.S. No.11/2017 on merits and in accordance with law within a

                    time frame fixed by this Court.

                                    For Petitioner             :   Mr.M.Sivavarthanan



                    1/4
https://www.mhc.tn.gov.in/judis
                                                                              C.R.P.No.4282 of 2023

                                                        ORDER

The Revision Petitioner herein is the 1st respondent in the Appeal

Suit in A.S.No.11 of 2017 on the file of V Addl. District Judge,

Udumalaipet, which was filed by the respondents/appellants 1 to 3

challenging the judgment and decree passed in O.S.No.107 of 2013 passed

by the learned Sub-Judge, Udumalpet.

2. Since the relief claimed by the Revision Petitioner only seeking a

direction for a speedy disposal, the notice to the respondents is dispensed

with.

3. The learned counsel for Revision Petitioner would submit that the

the Revision Petitioner, who is aged about more than 65 years and the

appeal suit was filed in the year of 2016, but so far, there is no progress in

the proceedings. Therefore, he wanted to direct the trial court to dispose

the case as early as possible.

4. Considering the facts and circumstances and also the fact that the

Revision Petitioner is aged about more than 65 years old senior citizen and

the appeal suit is pending from the year of 2016, but as on date, there is no

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

progress in the proceedings, this Court is inclined to direct the first

appellate judge to commence the trial and dispose the case as expeditiously

as possible within a period of three months from the date of receipt of copy

of this order. Accordingly, this Civil Revision Petition is disposed of. No

costs.

30.11.2023 Index : Yes/No Speaking Order : Yes/No rpp

To

The V Additional District Court, Udumalaipet.

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

T.V.THAMILSELVI, J.

rpp

30.11.2023

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