Madras High Court
D.Rajan vs Sathiyabai on 13 September, 2023
CRP.No.3346 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023
CORAM
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.No.3346 of 2023
1. D.Rajan
2. Prabhakar ... Petitioners
Versus
1. Sathiyabai
Radha bai (died)
2. Bhaskar
3. Rajapriya
4. Sathiskumar ... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of Constitution of
India, to direct the trial court to dispose of the case namely OS.No.94 of
2010 on the file of the learned Additional Subordinate Judge, Tindivanam
within the time fixed by this Hon'ble Court.
For Petitioners : Mr.S.Balasubramanian
ORDER
This petition has been filed seeking a direction to the learned
Additional Subordinate Judge, Tindivanam to dispose of the case filed by the
petitioners in O.S.No.94 of 2010 within the time frame fixed by this Court.
2. The learned counsel for the petitioners has submitted that originally
https://www.mhc.tn.gov.in/judis
CRP.No.3346 of 2023
the petitioners/plaintiffs have filed a suit in O.S.No.58 of 2009 before the
District and Sessions Court, Vizhupuram for the following reliefs i.e., to
pass a preliminary decree partition separate possession of plaintiffs 2/16th
share in the “ A” and “B” Schedule Properties, to pass a final decree in
terms of preliminary decree by appointing an Advocate Commissioner to
effect partition and divide the “ A” and “B” Schedule Properties by meets
and bounds and to determine the future mesne profits under Order 20 Rule
20 of CPC. Subsequently, the said suit was transferred to the Additional
Sub Court, Tindivanam and renumbered as O.S.No.94 of 2010.
3. The learned counsel for the petitioners has further submitted that
the petitioners/plaintiffs and the respondents/defendants are the members of
the same family. During the pendency of the suit, the second defendant died
and her legal heirs were brought on record as per IA.No.197 of 2012.
4. The learned counsel for the petitioners also submitted that the trial
was commenced before the court below, the matter was argued and evidence
was let in. After completion of trial, the matter was posted on 26.04.2021
“for judgment”, but, till date no judgment has been passed by the trial
https://www.mhc.tn.gov.in/judis
CRP.No.3346 of 2023
court. Thereafter, the same is posted on 22.09.2022 for appearance and on
10.10.2022, it is posted for steps.
5. The learned counsel for the petitioners has further stated that the
reasons for the said adjudication are not known to the petitioners/plaintiffs
and respondents/defendants. The matter is pending for a long time. After the
arguments and posted the matter under the caption “ for judgement”, it is
not fair on the part of the said Judge to keep the matter pending by posting
it under the caption, “ for judgement”.
6. Taking into consideration the facts and the submissions made the
learned counsel for the petitioners and also taking note of the fact that the
suit is pending for a long time, this Court is inclined to direct the learned
Additional Sub Judge, Tindivanam either to pass appropriate judgment or to
dispose of the case.
7. Accordingly, the learned Additional Sub Judge, Tindivanam is
directed to dispose of the case in OS.No.94 of 2010 pending on his file
within a period of two months from the date of receipt of a copy of this
https://www.mhc.tn.gov.in/judis
CRP.No.3346 of 2023
Order.
8. With the above directions, this Civil Revision Petition is disposed
of. No order as to costs.
Vv 13.09.2023
To
The Additional Subordinate Judge,
Tindivanam
V.BHAVANI SUBBAROYAN,J.
https://www.mhc.tn.gov.in/judis
CRP.No.3346 of 2023
Vv
C.R.P.No.3346 of 2023
13.09.2023
https://www.mhc.tn.gov.in/judis
