Madras High CourtCRP/677/2020disposed of

Maruthathal v. Saraswathy

2020-02-18Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18..02..2020

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Civil Revision Petition No.677 of 2020 Maruthathal ... Petitioner -Versus1. Mrs.Saraswathy

2. Rangaswamy

3. Smt.Maragatham

4. Smt.Ayyammal

5. Smt.Maragatham

6. Smt.Sivakami

7. R.Selvi

8. Gopalakrishnan ... Respondents Petition filed under Article 227 of The Constitution of India, praying for a direction to the learned Principal District Judge, Coimbatore, to expeditiously dispose of the petition in E.P.No.162 of 2018 in I.A.No.2004 of 2011 in O.S.No.233 of 2008. For Petitioner : Mr.R.Rajarajan

ORDER

The petitioner, who is the decree holder, has come up with this revision petition seeking a direction to the learned Principal District Judge, Coimbatore, for speedy disposal of the execution petition in E.P.No.162 of 2018 filed by the petitioner for delivery of possession of her 1/2 share in the suit schedule property.

2. The suit was filed by the petitioner for partition and separate possession and the same was decreed on 05.08.2009. Subsequently, a final decree was also passed on 06.03.2018. The petitioner is already 82 years old. The grievance of the petitioner is that though the execution petition has been initiated in the year 2018, she is yet to taste the fruit of the decree petitioner and https://hcservices.ecourts.gov.in/hcservices/

3. Considering the limited nature of the relief sought for in this revision petition and the other facts and circumstances of the case, this court is of the view that no notice is necessary as no prejudice would be caused to the other side if a direction is issued to the court below for early disposal of the execution petition.

4. I have heard the learned counsel for the petitioner and also perused the records carefully.

5. In view of the limited nature of the relief sought for and on considering the fact that the petitioner is already 82 years old and on considering the other facts and circumstances, this court directs the learned Principal District Judge, Coimbatore, to take up the execution proceedings in E.P.No.162 of 2018 and dispose of the same within a period of three months from the date of receipt of a copy of this order. This civil revision petition is disposed of accordingly with the above directions. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar kmk To The Principal District Judge, Coimbatore, +1cc to Mr.R.Rajarajan, Advocate, SR.No.1385. C.R.P.No.677 of 2020 AP(CO) CSR: 25.02.2020 https://hcservices.ecourts.gov.in/hcservices/