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2023 Supreme(Mad) 407

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
A.K. Ramalingam – Petitioner
Versus
Kulanthaivel Mudaliar (Died) Rajasekaran – Respondent
C.R.P. No. 226 of 2023
Decided On : 03-02-2023

Advocates:
Advocate Appeared:
For the Petitioner: A. Muthukumar.

Headnote:

Constitution of India, 1950 - Article 227 - Partition - Suit pending for past 19 years - Relief sought in present civil revision petition is to direct Sub-ordinate Court to dispose of O.S. No. - Petitioner states that suit was instituted by revision petitioner for partition in year and it is pending for past about 19 years - Held, Court is of opinion that Court concerned is expected to dispose of old cases by giving priority - Priority shall be given to senior citizen cases, where there is an imminent urgency and old pending cases - Thus, disposal of cases have to be made in a consistent manner by not allowing parties to drag on proceedings and any attempt of dragging on proceedings made by parties in this regard have to be thwarted - Court shall not give unnecessary adjournments and frivolous Interlocutory Applications have to be dismissed by imposing maximum costs - Courts have to ensure that suits are disposed off within a reasonable period of time - Since present suit is pending for past about 19 years, Sub-Court Chidambaram is directed to look into matter and dispose of case as expeditiously as possible - Petition disposed of.

ORDER :

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to issue suitable directions to the Court of Subordinate Judge, Chidambaram, dispose the O.S. No. 28 of 2011 within a stipulated time of 4 weeks and render justice.

1. The relief sought in the present civil revision petition is to direct the Sub-ordinate Court Chidambaram to dispose of the O.S. No. 28 of 2011. The learned counsel for the petitioner states that the suit was instituted by the revision petitioner for partition in the year 2004 and it is pending for the past about 19 years and now pending on the file of the Sub-ordinate Court at Chidambaram in O.S. No. 28 of 2011.

2. It is contended that nearly about 100 Interlocutory Applications are filed by the parties in order to drag on the proceedings and the Civil Revision Petitions filed before the High Court is also kept pending for few years. Thus, the suit proceedings are prolonged and protracted at the instance of few parties and thus, the present civil revision petition for speedy disposal is filed.

3. No doubt, prolongation of the suit at the instance of the parties at no circumstances be encouraged by the Courts. In the event of filing Interlocutory Applications without substance or filing frivolous petitions, exemplary or maximum cost is to be imposed on the party practicing such activities and the Court concerned is empowered to regulate its own proceedings on board.

4. High Court issuing frequent directions to the lower Courts may not be workable at all circumstances since the disposal of the case involves hearing of cases, providing opportunity to all the parties and conducting trial, all these to be done by following appropriate procedures. High Court is expected to consider the work pressure on the District Judiciary and the atmosphere pressure put on them from the Bar members who all are appearing for the parties, and also the ill motives of the litigants to prolong and protract the proceedings by one way or the other to achieve their goals directly or indirectly. All such mitigating factors play pivotal role in disposal of a matter in the Courts and in the event of issuing a routine direction by the High Courts for speedy disposal to the lower Courts, would only result in receiving administrative letters from the Judges concerned, seeking extension of time for the disposal of the cases as per the directions issued by the High Court fixing time limit.

5. Unworkable orders by the Courts have to be avoided. All the orders passed on merits must be implemented by all concerned, and in the event of passing such via media orders, the faith in the judiciary system would be shaken and the Courts are expected not to pass such orders which are otherwise not workable.

6. For example, if the High Court, without considering the nature of issues involved, number of witnesses to be examined, the work pressure currently prevailing in the Court concerned, availability of the judges in the particular court etc., issues a direction to dispose of the suit within six months or within a stipulated period, it would become a non-workable order. Then, if the orders of the High Court is not implemented, question arises whether it is enforceable or not and against whom the contempt proceedings are to be initiated is yet another question to be considered. The petitioner who got such a direction may not file a contempt proceedings. Even in cases where such contempt petitions are filed, who should be held responsible is the further question to be asked? Whether the litigants who attempted to prolong the matter or the learned counsel who made an attempt to get adjournments on flimsy grounds or the judge concerned, who has not actively proceeded with the matter to be blamed? All such complex questions cannot be answered easily and finally the Court finds that such orders, if at all passed, would not do any service to the cause of justice. Contrarily, it would create further issues between the parti

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