RANI Vs. .C.CHENNAMMAL

JUDGEMENT

(1.) Seeking a direction for the speedy disposal of the case in I.A.No.324 of 2018 in O.S.No.40 of 2013 pending on the file of the Learned Additional Subordinate Judge, Dharmapuri, the petitioner has preferred the present civil revision petition.

(2.) The learned counsel appearing for the revision petitioners would submit that the plaintiffs filed a suit in O.S.No.40 of 2013 on the file of the learned Additional Subordinate Judge, Dharmapuri, seeking a judgment and decree for partition and separate possession. A preliminary decree was passed on 10/11/2014. Thereafter, the plaintiffs filed an application in I.A.No.324 of 2018, seeking appointment of an Advocate Commissioner to divide the suit properties. The said application was allowed on 2/3/2019, and an Advocate Commissioner was appointed, directing him to divide the suit properties into 2/7 shares and to file a report along with a plan. However, the matter has been pending for more than seven years, and till date, the Commissioner has not filed any report. The prolonged delay is causing great hardship and irreparable loss to the petitioner. The learned counsel further submits that the speedy disposal of I.A.No.324 of 2018 in O.S.No.40 of 2013 is just and necessary.

(3.) It is pertinent to mention that High Court cannot issue such directions for speedy disposal unless there is a justification (or) acceptable reasons for issuing any such directions. It is relevant to cite the judgment of this Court in S.Baby Vs. S.Sakkubai Ammal reported in 2023 SCC OnLine Mad 674, wherein, it has been held in paragraph nos.11 and 12 as follows: