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Silambayee Vs. The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(PD)(MD)No. 2169 of 2016
Judge
AppellantSilambayee
RespondentThe Tahsildar, Ponnamaravathy Taluk, Pudukkottai District and Another
Excerpt:
.....suit in o.s.no.106 of 2014. in the said suit, defendants were set exparte on 25.9.2014 and thereafter the district munsif-cum-judicial magistrate, thirumayam directed the petitioners to implead chelliah and others in the suit as parties in the suit. therefore an application has been filed in i.a.no.29 of 2015 under order 1 rule 10(2) of c.p.c to implead them as necessary parties in the suit and the same was allowed. thereafter the said suit is pending without any progress. hence the petitioner has come forward with the present civil revision petition for the relief stated supra. 3. taking into consideration of the above said facts and circumstances of the case, without expressing any opinion on the merits of the matter, this court directs the district munsif-cum-judicial magistrate,.....
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the learned District Munsif-cum-Judicial Magistrate, Thirumayam to dispose of O.S.No.106 of 2014, pending on its file within the period stipulated by this Court.)

1. This revision has been filed seeking for a direction to direct the learned District Munsif-cum-Judicial Magistrate, Thirumayam to dispose of O.S.No.106 of 2014, pending on its file, within the period stipulated by this Court.

2. According to the Petitioners that the aforesaid suit was filed for issuance of legal heirship certificate as legal heirs of their deceased mother namely Pitchi, who is the first wife of their father Chelliah. Whileso, the sons and daughter of the second wife of Chelliah namely Ramasamy, Rengasamy, Chinnakaruppan and Janaki have objected to issue legal heirship certificate to the Petitioners and requested the first respondent to include them as legal heirs. Hence the Petitioner has filed the suit in O.S.No.106 of 2014. In the said suit, defendants were set exparte on 25.9.2014 and thereafter the District Munsif-cum-Judicial Magistrate, Thirumayam directed the Petitioners to implead Chelliah and others in the suit as parties in the suit. Therefore an application has been filed in I.A.No.29 of 2015 under Order 1 Rule 10(2) of C.P.C to implead them as necessary parties in the suit and the same was allowed. Thereafter the said suit is pending without any progress. Hence the Petitioner has come forward with the present Civil Revision Petition for the relief stated supra.

3. Taking into consideration of the above said facts and circumstances of the case, without expressing any opinion on the merits of the matter, this Court directs the District Munsif-cum-Judicial Magistrate, Thirumayam to dispose of the suit in O.S.No.106 of 2014, now pending on his file, on merits and in accordance with law, as expeditiously as possible.

4. With the above direction, the Civil Revision Petition is disposed of. No costs.


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