Krishna Reddiyar (Deceased) v. N.Nethaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and M.P.No.1 of 2015 Krishna Reddiyar (died) ... Petitioner V.M.Adhesh (Petitioner V.M.Adhesh brought on record as legal heir of the deceased sole petitioner viz., Krishna Reddiyar vide Court order dated 24.09.2021 made in C.M.P.No.12342 of 2020 in C.R.P.(NPD)No.3091 of 2015) Vs.

N.Nethaji ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 24.07.2014 made in E.A.No.123 of 2014 in E.P.No.10 of 2008 in R.C.O.P.No.62 of 1997 on the file of the Principal District Munsif Court, Alandur. For Petitioner : Mr.C.Jagadish 1/5

For Respondent : Mr.G.Vijayakumar

ORDER

(The matter is heard through "Video Conferencing/Hybrid Mode".) Civil Revision Petition is filed against the fair and decretal order dated 24.07.2014 made in E.A.No.123 of 2014 in E.P.No.10 of 2008 in R.C.O.P.No.62 of 1997 on the file of the Principal District Munsif Court, Alandur.

2.Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent and perused the entire materials on record.

3.The respondent filed the said E.A.No.123 of 2014 under Order XXI Rule 26 read with Section 151 of C.P.C. to stay of further proceedings in E.P.No.10 of 2008 till the disposal of Writ Petition No.5275 of 2010 and the same was allowed.

4.The learned counsel appearing for the petitioner submitted that 2/5

the said Writ Petition filed by the respondent was dismissed for non-prosecution by the First Bench of this Court vide order dated 18.07.2019 and prayed for setting aside the impugned order passed in E.A.No.123 of 2014 in E.P.No.10 of 2008 and for speedy disposal of the E.P.

5.From the materials on record, it is seen that the learned Judge by the impugned order dated 24.07.2014 in E.A.No.123 of 2014 stopped the execution petition till the disposal of the Writ Petition No.5275 of 2010. Now the Writ Petition has been dismissed for non-prosecution by the Division Bench of this Court on 18.07.2019. In view of the dismissal of the Writ Petition, the impugned order of the learned Judge dated 24.07.2014 made in E.A.No.123 of 2014 in E.P.No.10 of 2008 in R.C.O.P.No.62 of 1997 has become infructuous. The learned Judge is directed to dispose of the E.P.No.10 of 2008 in R.C.O.P.No.62 of 1997 as expeditiously as possible, in any event, within three months from the date of receipt of a copy of this order.

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6.With the above directions, the Civil Revision Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

01.10.2021 Index : Yes/No Internet: Yes/No kj To The Principal District Munsif Alandur.

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V.M.VELUMANI,J.

Kj and M.P.No.1 of 2015 01.10.2021 5/5