R.Rajesh Kumar v. H.Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI R.Rajesh Kumar ... Petitioner Vs.

1.H.Suresh 2.H.Ashok 3.H.Sivaji ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to direct the learned XXVI Assistant City Civil Court at Allikulam: Egmore to dispose of E.P.No.997 of 2019 within a stipulated time.

For Petitioner : Mr.R.Rajesh Kumar (P-IN-P)

ORDER

This Civil Revision Petition is filed to direct the learned XXVI Assistant City Civil Court at Allikulam: Egmore to dispose of E.P.No.997 of 2019 within a stipulated time.

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2. The petitioner has filed this revision aggrieved by the inordinate delay in disposing of E.P.No.997 of 2019 in O.S.No.2210 of 2014 on the file of the XXVI Assistant City Civil Court.

3. The learned counsel for the respondents/Judgment debtor has submitted that judgment debtor-1 has no objection. The second and third judgment debtors have raised their objection by filing counter and prayed to dismiss the Execution Petition in E.P.No.997 of 2019 in O.S.No.2210 of 2014.

4. A perusal of case status reveals that the matter is posted for enquiry, second and third judgment debtors are not cooperating for enquiry proceedings, hence the matter was adjourned from time to time without any substantial progress.

5. Considering the facts and circumstances of the case and admittedly it is suit for partition, this Court is inclined to dispose of this Civil Revision Petition with the a direction to the lower Court to dispose of the E.P.No.997 of 2019 in O.S.No.2210 of 2014 as expeditiously as possible, preferably 2/4

within a period of four weeks from the date of receipt of copy of this order.

6. Accordingly, the Civil Revision Petition is disposed of. No costs. 17.03.2023 jai To

1. The XXVI Assistant City Civil Court Allikulam, Egmore.

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T.V.THAMILSELVI, J.

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