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Madras High CourtCRP/1350/2015disposed of

Thirunavukkarasu v. Navaneetham (Died)

2015-03-30Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

Date: 30.03.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM CRP.(NPD) Nos. 1350 and 1351 of 2015 Thirunavukkarasu

...Petitioner in both CRP(NPD)s

...Vs...

Navaneetham (Died) 1.Selvam 2.Prakash 3.Selvi

...Respondents in both CRP(NPD)s

Common Prayer:

Civil Revision petitions filed under Article 227 of the Constitution of India seeking to direct the II Additional Subordinate Judge, Cuddalore to dispose off E.P. 18 of 2012 and E.A.No. Of 2015 in E.P. 18 of 2012 respectively, in O.S. 308 of 1998 pending on its file expeditiously. For Petitioner : Mr. R. Gururaj C O M M O N O R D E R These revisions have been filed for direction to the II Additional Sub-Court, Cuddalore to dispose of unnumbered E.A. of 2014 in E.P. 18 of 2012 in O.S. 308 of 1998.

2. Mr. R.Gururaj, learned counsel for the petitioner submitted that the

petitioner had instituted the suit O.S.No.308 of 1998 against the respondents for specific performance. After trial, the suit was decreed on 29.08.2005. The appeal preferred by the defendants was dismissed by the Principal District Court, Cuddalore on 21.09.2012 and same was confirmed by this Court in S.A.No.220 of 2013 on 24.06.2014.

3. The learned counsel for the petitioner further submitted that based on the decree, the petitioner has laid an Execution Petition for delivery of possession and also filed applications for break upon and police raid. All the applications are ordered in favour of the petitioner and thereafter the judgement debtor has filed a petition dated 11.02.2015 seeking stay of execution. The Executing Court without any justifiable reason has been adjourning the application and also the Execution.

4. Considering the facts of the case and the submissions of the learned counsel for the petitioner, the II Additional Sub Court, Cuddalore is directed to dispose of E.P.No.18 of 2012 in O.S.No.308 of 1998 and the unnumbered application on merits, as expeditiously as possible preferably on or before 30.06.2015.

5.This civil revision petition is accordingly disposed of. No costs.

30.03.2015 nvi/pri To The II Additional Subordinate Judge, Cuddalore.

K.KALYANASUNDARAM, J.

nvi/pri

CRP.(NPD) Nos.1350&1351 of 2015 30.03.2015