Madras High Court
Alammal vs Minor Saranya on 5 October, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRP(PD).Nos.2869 and 2870 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2023
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
CRP(PD).Nos.2869 and 2870 of 2023
CRP(PD).No.2869 of 2023
1. Alammal
2. Anitha
3. Ramachandran
4. Kamatchi ...Petitioners
Vs.
1. Minor Saranya
2. Minor Sandhya
3. Minor Soundarya
[Respondents 1 to 3
Rep by their mother and natural guardian
Mrs.Gowri/4th Respondent]
4. Gowri
5. Sampath
6. Anandhi (Since deceased) ...Respondents
PRAYER: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to direct the learned Judge of Subordinate
Court, Gingee to dispose off the O.S.No.232 of 2019, pending on the file of
the Subordinate Court, Gingee, as expeditiously.
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https://www.mhc.tn.gov.in/judis
CRP(PD).Nos.2869 and 2870 of 2023
For Petitioners : Ms.Gayathri
For P.B.Ramanujam Associates
For Respondents : No appearance
CRP(PD).No.2870 of 2023
1. Kamatchi
2. Anitha ...Petitioners
Vs.
1. Minor Saranya
2. Minor Sandhya
3. Minor Soundarya
[Respondents 1 to 3
Rep by their mother and natural guardian
Mrs.Gowri]
Sankar (Since deceased)
Anandhi (Since deceased)
4. Alammal
5. The District Collector
Vizhupuram Taluk,
Vizhupuram District.
6. The Sub Collector
Sub Collector's office
Jakkampettai,
Thindivanam Taluk,
Vizhupuram District.
7. The Tashildar
Gingee Taluk,
Gingee, Melmalayanur,
Villupurm District. ...Respondents
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CRP(PD).Nos.2869 and 2870 of 2023
PRAYER: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to direct the learned Judge of Subordinate
Court, Gingee to dispose off the O.S.No.207 of 2020, pending on the file of
the Subordinate Court, Gingee, as expeditiously.
For Petitioners : Ms.Gayathri
For P.B.Ramanujam Associates
For R 1 to R3 : No appearance
For R4 : Notice sent service awaited
For R5 to R7 : Mr.V.Jeevagiridharan
COMMON ORDER
These Civil Revision Petitions have been filed seeking to direct the learned Judge, Subordinate Court, Gingee to dispose off the O.S.No.232 of 2019 and O.S.No.207 of 2020, pending on the file of the Subordinate Court, Gingee.
2. The learned counsel for the revision petitioners submitted that the revision petitioners/plaintiffs have filed a suit in O.S.No.232 of 2019 for the relief of declaration and consequential injunction. Thereafter, the 3/6 https://www.mhc.tn.gov.in/judis CRP(PD).Nos.2869 and 2870 of 2023 respondents 1 to 3 have filed a suit in O.S.No.207 of 2020 for the relief of declaration and injunction for the very same property.
3. After filing the suit, the defendants/respondents 1 to 5 in CRP.No.2869 of 2023 have not filed their written statement in O.S.No.232 of 2019 and dragged on the proceedings. However, both parties have approached the Court for the relief in respect of the very same property. The defendants/respondents 1 to 5 in CRP.No.2869 of 2023 have not filed their written statement, so, the plaintiffs could not proceed with the matter.
4. No representation on the side of the respondents in CRP.No.2869 of 2023 and Heard the learned counsel appearing for the respondents 5 to 7 in CRP.No.2870 of 2023.
5. Considering the facts and circumstances of the case and the reasons stated by the revision petitioners in both petitions and the same is justifiable.
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6. Accordingly, the learned trial Judge, Subordinate Court, Gingee is directed to dispose the suits in O.S.No.232 of 2019 and O.S.No.207 of 2020 within a period of six months as early as possible and by giving opportunity to both parties.
7. In the result, theses Civil Revision Petitions are disposed of. No costs.
05.10.2023 Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No msrm To The learned Subordinate Juge, Gingee. 5/6 https://www.mhc.tn.gov.in/judis CRP(PD).Nos.2869 and 2870 of 2023 T.V.THAMILSELVI.J, msrm CRP(PD).Nos.2869 and 2870 of 2023 05.10.2023 6/6 https://www.mhc.tn.gov.in/judis