IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:18.2.2009
CORAM
THE HONOURABLE Mr. JUSTICE A.C.ARUMUGAPERUMAL ADITYAN
Civil Revision Petition (NPD) No.456 of 2009
1. Saravanan
2. Sumathi
3. Selvam .... Petitioners
Vs.
1. Murali
2. Minor Sasi
3. Minor Vijay
4. Minor Kannan
5. Minor Rajkumar
Minors 2 to 5 rep by natural
guardian and mother Mrs.Santha,6th respondent
6. Santha
7. Lakshmi ... Respondents
Civil Revision Petition is filed under Article 227 of CPC, for direction, directing the learned Subordinate Judge,Arni, Tiruvannamalai District, to dispose of I.A.No.6 of 2004 in O.S.No.8 of 2008.
For Petitioners : : Mr. G.Paramthaman,Advocate
O R D E R
The advocates are absenting themselves from attending the Court.Perused the affidavit to the petition. The grievance of the revision petitioner is that he had filed I.A.No.6 of 2004 in O.S.No.8 of 1998 under Order 34 Rule 8 and under Section 151 of CPC, a petition to pass final A.C.ARUMUGAPERUMAL ADITYAN,J
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decree before the Subordinate Judge, Arni and the same is pending from the year 2004 without any progress and the learned Subordinate Judge, Arni is going on adjourning the matter without any rhyme or reasoning. The adjudication paper in I.A.No.6 of 2004 in O.S.No.8 of 1998 on the file of Subordinate Judge, Arni will go to show that a Commissioner was appointed and the said final decree application was posted for Commissioner’s report from 20.11.2006. Under such circumstances, the learned Subordinate Judge, Arni is directed to compel the Advocate Commissioner in I.A.No.6 of 2004 in O.S.No.8 of 1998 to file his report within a month from the date of receipt of a copy of this order and thereafter after getting objections from both parties, and after due consideration of the same shall pass final decree in accordance with the preliminary decree and also in consonance with the Commissioner’s report and plan within a month thereafter. With this observation, this revision petition is disposed of.
18.2.2009
Index:yes
Internet:yes
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To the Subordinate Judge,Arni
C. R.P (NPD) No.456/2009