A. Manoharan @ Doss v. L.Arokiyamary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P(PD).No.2777 of 2017 and C.M.P.No.12831 of 2017 A.Manoharan @Doss ... Petitioner Vs.

L.Arokiyamari ... Respondent Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India, to direct the District Munsif Court, Thiruvotriyur to dispose of the E.P.No.67 of 2012 in O.S.No.82 of 2008 pending on the file of District Munsif Court, Thiruvotriyur.

For Petitioner : M/s.P.C.Hari Kumar and Associates

O R D E R

This Civil Revision Petition is directed against the long pendency of the Execution Petition on the file of District Munsif Court, Thiruvottiyur.

2. From the perusal of the docket entries, would go to show that the Execution Application in I.A. No. 85 of 2013 is pending for enquiry for a long time. The Execution Application was filed in the year 2012 is also pending without any progress.

3. The learned counsel for the petitioner would contend that even though, he has obtained a decree as early as on 30.04.2012. He could not see the light of the day. He would further submit that the judgment debtor has filed a petition to set-aside the exparte decree after delay of four years.

4. The Execution Application cannot be kept pending, till the disposal of the I.A No.85 of 2013, to set aside the order in the suit. Considering the facts and circumstance of the case, without going to merits of the case, a direction is issued to the District Munsif Court, Thiruvottiyur to dispose of the I.A. No. 85 of 2012 in E.P.No. 67 of 2012, within a period of one month, from the date of receipt of copy of this order.

5. With above observation, this Civil Revision Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

08.08.2017 Index : Yes/ No Internet : Yes/No kas/bsm To.

The District Munsif Court, Thiruvotriyur.

M.GOVINDARAJ.,J.

kas/bsm C.R.P(PD).No.2777 of 2017 and C.M.P.No.12831 of 2017 08.08.2017