S.Titus vs David Daniel
2024 Latest Caselaw 21590 Mad

Madras High Court

S.Titus vs David Daniel on 13 November, 2024

                                                                                CRP(MD).No.2831 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 13.11.2024

                                                        CORAM

                       THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI

                                            C.R.P(MD)No.2831 of 2024


                    S.Titus                                       : Petitioner / 1st appellant

                                                            Vs.

                    1.David Daniel
                    2.Pathrose
                    3.Dias
                    4.Lilly Bai
                    5.Gnanabai
                    6.Suseela Bai
                    7.Ramani Bai
                    8.Ajitha Ponmalar
                    9.Abina Christu
                    10.Abin
                    11.Bernad Shajin                        : respondents 1 to 11
                    12.Helan Baby                           : 12th Respondent/2nd appellant


                    PRAYER: Civil Revision Petition is filed under Article 227 of the
                    Constitution of India, to direct the Subordinate Judge, Kuzhithurai,
                    Kanniyakumari District to dispose of the case in A.S.No.35 of 2022 within
                    a time fixed by this Court.


                                  For Petitioner            :Mr.E.Murugan


                    1/4
https://www.mhc.tn.gov.in/judis
                                                                              CRP(MD).No.2831 of 2024


                                                      ORDER

This Civil Revision Petition has been filed seeking a direction to

dispose the A.S.No.35 of 2022, pending on the file of the Subordinate

Court, Kuzhithurai, Kanniyakumari District within the time stipulated by

this Court.

2. Heard the learned counsel appearing for petitioner. Since the

revision is filed for seeking early disposal, no notice is necessary to the

respondents.

3. The learned Counsel appearing for the revision petitioner would

submit that against the Judgment and Decree, dated 05.08.2022 passed in

O.S.No.163 of 1998 on the file of the II Additional District Munsif,

Kuzhithurai, the petitioner herein had filed A.S.No.35 of 2022 on the file

of the Sub Court, Kuzhithurai and the same is pending for the past three

years without any progress. He would further submit that both the

petitioner herein / appellant and the respondents 1 to 7 are Senior Citizens

and hence, he seeks early disposal of the said A.S.No.35 of 2022, pending

on the file of the Subordinate Court, Kuzhithurai, Kanniyakumari District.

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

4. Having been taken into consideration of the material facts and

circumstances and that both the revision petitioner and the respondents 1 to

7 are Senior Citizens, this Court is of the view that in the interest of

justice, a direction may be issued to the learned Judge, Family Court,

Thiruchirapalli, to dispose of the said A.S.No.35 of 2022 as expeditiously

as possible.

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

direction to the learned Subordinate Judge, Kuzhithurai, Kanniyakumari

District to dispose of the said Appeal Suit in A.S.No.35 of 2022, pending

on his file within a period of three months from the date of receipt of a

copy of this order on merits and in accordance with law. No costs.

                                                                                      13.11.2024

                    Index    : Yes / No
                    Internet : Yes/ No
                    trp

                    To

The Subordinate Judge, Kuzhithurai, Kanniyakumari District

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

K. GOVINDARAJAN THILAKAVADI, J.,

trp

13.11.2024

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