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2022 DIGILAW 2680 (MAD)

M. Revathi v. Minor Rishwanth represented by Guardian his mother Padmapriya

2022-08-12

R.N.MANJULA

body2022
JUDGMENT (Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the District Munsif Court, Anthiyur to dispose the O.S. No.107 of 2019 within a short time limit.) This Civil Revision Petition has been preferred seeking direction of speedy disposal of the suit in O.S. No.107 of 2019 pending on the file of the learned District Munsif, Anthiyur. 2. The revision petitioner is the third defendant in the suit in O.S. No.107 of 2019, filed by the first respondent for the relief of partition and separate possession of the suit property. 3. The learned counsel for the revision petitioner submitted that despite the trial was opened in the suit as early as 09.03.2018 itself, the matter is still pending without any progress; hence, a direction is needed for speedy disposal of the suit. 4. It is seen that the suit in O.S. No.310 of 2016 has been originally filed before District Munsif Court, Bhavani and thereafter, on the point of jurisdiction, got transferred to District Munsif Court, Anthiyur and renumbered as O.S. No.107 of 2019. The e-Court case adjudication status would show that the matter is pending at the stage of evidence without any reason. At some point of time, the trial Judge had made an endorsement that it is a -part heard- case. Thereafter, the matter did not gain momentum but spinning around in the stage of evidence itself. 5. It is needless to say that in -part heard- cases longer adjournments should not be given and the matter should be disposed at the earliest by posting the case on day-to-day basis. It is understandable that during Covid Pandemic, the Courts would not have been felt it convenient to conduct the case in a timely manner. Since normalcy is now restored, it is appropriate to impress the learned trial Judge to dispose of the case as expeditiously as possible by taking into consideration of its long pendency. 6. In the result, Civil Revision Petition is allowed by directing the learned District Munsif, Athiyur, to dispose of the suit in O.S. No.107 of 2019, as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. No costs.