K.Kalidass v. D.S.K.Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Mr.K.Kalidass ...

Petitioner Vs 1.Mr.D.S.K.Raj 2.Bhavani ...

Respondent Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to issue the direction to Principal District Court at Chengalpattu to dispose the E.P.No.161 of 2018 in O.S.No.1765 of 2016 within a time frame fixed by this Hon'ble Court. For Petitioners :

Mr.S.Ramajayam 1/4

ORDER

The revision petition is filed for a direction to dispose of the E.P.No.161 of 2018 in O.S.No.1765 of 2016. The revision petitioner is a decree holder with reference to the suit instituted by him for recovery of money. The suit decreed in favour of the petitioner and he filed EP.No.161 of 2018.

2.The grievances of the revision petitioner is that the execution petition is pending for the past of about 4 years and the Executive Court is not disposing of the matter.

3.The Constitutional Courts have repeatedly reiterated that the execution petitions are to be disposed of within a period of six months. The decree holder must be allowed to enjoy the fruits of the decree. Keeping the execution petition pending for an indefinite period would cause greater agony to the decree-holder which is to be avoided by the Execution Courts. 2/4

4.Since the execution petition in the present case is pending for the past about 4 years, the Execution Court/Principal District Court at Chengalpattu is directed to ensure that the execution proceedings filed by the petitioner in E.P.No.161 of 2018 in O.S.No.1765 of 2016 is disposed of as expeditiously as possible.

5.With these directions, the Civil Revision Petition stands disposed of. However, there shall be no order as to costs. sha 31.01.2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

Copy to:

Principal District Court at Chengalpattu 3/4

S.M.SUBRAMANIAM, J.

sha 31.01.2023 4/4