Anantha Jothi v. Thangammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and C.M.P. No.4290 of 2020 Anantha Jothi ...
Petitioner / Appellant versus 1.Thangammal 2.Irusa Gounder 3.Andi Gounder 4.Ranganathan 5.Muthu Nadar 6.Sampath 7.Arumuga Mudaliar 8.Murugan 9.Arumuga Chettiar 10.Kandasamy 11.Richardson and Crudas Ltd.
Government of India, Opp. Salem Steel Plant, Salem 13.
12.Vasu 13.Rathinammal 14.Bhuvaneswari 15.Usha Rani 16.K.Jayaraj 17.K.Ponnusamy 18.K.Krishnan 19.K.Arjunan 20.K.Balusamy 1/6
21.K.Gopal 22.K.Palaniyammal 23.K.Hamsa 24.R.Jothi 25.R.Gokul 26.R.Sindhuja 27.Thangammal 28.K.Raja 29.K.Selvaraj 30.Chinnaponnu 31.R.Govindaraj 32.R.Ravikumar 33.R.Dhanalakshmi 34.R.Vijaya 35.Alamelu 36.Kamala 37.A.K.S.Mani 38.A.K.S.Manickam 39.A.K.S.Govindaraj 40.A.K.S.Palanisamy 41.V.Saraswathi ...
Respondents / Defendants PRAYER: Civil Revision Petition has been filed under Article 227 of the Constitution of India, to dispose of I.A.No.1 of 2020 in A.S.No.2 of 2020 on the file of the learned District Judge, Salem, by fixing a time frame for disposal of the same.
For Petitioner : Mr.A.K.Sriram for M/s.A.S.Kailasam & Associates For Respondent Nos.1, : Mr.M.Venkadesh Kumar 12 to 15, 35 & 36 For Respondent Nos.24 to 26 : Mr.T.Shazhian Change of Vakalat given
O R D E R
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This Civil Revision Petition is filed, seeking direction to the learned District Judge, Salem, for disposing I.A.No.1 of 2020 in A.S.No.2 of 2020, within a time frame to be fixed by this Court.
2.
The learned counsel for the petitioner submitted that, the suit in O.S.No.421 of 1984 was filed for the relief of declaration, partition and possession. The suit was decreed. In pursuance of the judgment and decree, R.E.P.No.62 of 1998 was filed for enforcing the decree. The petitioner filed R.E.A.No.284 of 1999 under Order 21 Rules 97, 99 Section 151 of C.P.C. and that petition was dismissed on 27.09.2019. Against the said dismissal order, the petitioner preferred A.S.No.2 of 2020.
3.
I.A.No.1 of 2020 was filed for staying the further proceedings in pursuance of the judgment and decree in R.E.A.No.284 of 1999 in R.E.P.No.62 of 1998 in O.S.No.421 of 1984. It is further submitted by the learned counsel for the petitioner that, the learned Executing Judge, is pressing the order of stay, otherwise further proceedings will be taken for delivery of the property in R.E.P.No.62 of 1998.
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4.
Mr.M.Venkadesh Kumar, learned counsel appeared for the respondents 1, 12 to 15, and 35 and 36. Mr.T.Shazhian, learned counsel appearing for respondents 24 to 26 submitted that, he has handed over change of vakalat to the parties. He is no more appearing for them. However, considering the limited scope of this petition, this Court directs the learned District Judge, Salem, to dispose of A.S.No.2 of 2020 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.
The learned District Judge, Salem, is also directed to pass appropriate orders in the stay petition immediately, in view of the submission made by the learned counsel for the petitioner that, the learned Executing Judge has informed that the delivery of proceedings will be initiated unless there is an order of stay from the Appellate Court. The learned counsel for the petitioner submitted that, already interim stay was granted by this Court in C.M.P.No.4290 of 2020. In view of the interim stay already granted by this Court, there shall be interim stay of further proceedings in R.E.P.No.62 of 1998 till the disposal of stay petition filed in I.A.No.1 of 2020. 5.
With these observations, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. However, there is no order as to costs.
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05.10.2021 Speaking order / Non-speaking order Index : Yes / No Note : Issue Order Copy on 07 .10.2021 psa / sri To The District Judge, Salem.
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G.CHANDRASEKHARAN, J.
psa / sri and C.M.P. No.4290 of 2020 05.10.2021 6/6