Madras High Court
K.S.Yaswant Kumar vs K.R.Sadasivam on 13 September, 2023
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
CRP.No3325 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.3325 of 2023
K.S.Yaswant Kumar ...
Petitioner
Versus
1. K.R.Sadasivam
2. S.Vijayarani
3. S.Madhumithaa
4. P.Mallika
5. K.Poongothai
6. S.Harikumaran
7. E.Manikkam
8. M.Ugamathi
9. N.Balasubramaniam
10. T.Clament
11. M.Felix Jayakumar
12. D.Thangaraj
13. S.L.Jeevananthan
14. L.Valarmathi
15. D.Premkumar
16. The Sub Registrar
Sub Registrar Office,
Erode Main Road,
Aval Poondurai(Post)
Modakurichi Taluk,
Erode District.
17. K.Sivaranjith ... Respondents
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https://www.mhc.tn.gov.in/judis
CRP.No3325 of 2023
PRAYER : Civil Revision Petition filed under Article 227 of Constitution of
India, to direct speedy disposal of the I.A.No.3 of 2021 in O.S.No.379/2020
on the file of the learned I Additional District Judge at Erode by allowing the
Civil Revision Petition.
For Petitioner : Mr.K.Shanmuga Sundaram
ORDER
This petition has been filed seeking a direction to the learned I Additional District Judge, Erode to dispose of the application filed by the petitioner in IA.No.3 of 2021 in OS.No.379/2020 within the time frame fixed by this Court.
2. The learned counsel appearing for the petitioner has submitted that the revision petitioner has filed a a suit on 26.08.2020 in O.S.No.379 of 2020 before the learned Principal District Judge, Erode for partition, declaration and consequential relief of permanent injunction against the respondents till the disposal of the suit. Later it was transferred to the file of I Additional District Judge, Erode. The revision petitioner also filed an interim application seeking for the relief of permanent injunction against the 2/6 https://www.mhc.tn.gov.in/judis CRP.No3325 of 2023 respondents along with plaint on the same day.
3. The learned counsel appearing for the petitioner has further submitted that the application for injunction restraining the respondents either from encumbering or alienating or mortgaging the suit property to some third parties till the disposal of the suit is still pending without any progress.
4. The learned counsel for the petitioner contended that the 9 th respondent herein namely N.Balasubramanian has sold the property to one third person by name K.Sivaranjith without the knowledge of the petitioner. The petitioner had come to know the said fact only on 15.11.2021. Thereafter, procured documents of the alleged sale deed and has filed an application under Order 1 Rule 10 CPC in IA.No.3 of 2021 for impleading the 17th respondent in the above suit, the same is also still pending. He also further contended that all the respondents had filed written statement and counter. At this juncture, the proposed 17th respondent has taken efforts to sell the property to some other third party either of a plot or in a whole property. Aggrieved against the same, the revision petitioner has preferred the present petition.
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5. Heard the learned counsel for the petitioner and perused the materials available on record.
6. On going through the materials available on records, eventhough this Court is not inclined to grant any order directing the trial Courts, for an early disposal of I.A pending before it, the learned counsel for the petitioner has submitted that there is no Presiding Officer in the Court below, hence, it is pending for a long time and it is only an application filed under Order 1 Rule 10 CPC for impleading the 17th respondent in the said suit.
7. Taking into consideration the facts and the submissions made by both counsel and taking note of the fact that the said application is pending before the trial court for a long time, this Court is inclined to direct the trial court to consider the said pendency and proceed with it appropriately in the manner known to law and dispose the same as expeditiously as possible. 4/6 https://www.mhc.tn.gov.in/judis CRP.No3325 of 2023
8. With the above directions, this Civil Revision Petition is disposed of. No order as to costs.
13.09.2023 Vv To The I Additional District Judge, Erode 5/6 https://www.mhc.tn.gov.in/judis CRP.No3325 of 2023 V.BHAVANI SUBBAROYAN,J.
Vv C.R.P.No.3325 of 2023 13.09.2023 6/6 https://www.mhc.tn.gov.in/judis CRP.No3325 of 2023 7/6 https://www.mhc.tn.gov.in/judis