Madras High CourtCRP/1138/2020disposed of

V.Arjunan (Died) v. Kadirvelupillai

2020-03-16Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.03.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP No.1138 of 2020 V.Arjunan (died)

1. Parcunaselvane

2. Varsha @ Varshini

3. Dhisanth

4. Veda

5. K.Vinoth

6. K.Aruna

7. Tiroupourasoundary ... Petitioners Vs.

Kadirvelupillai ... Respondent Prayer: This civil revision petition has been filed under Article 227 of the Constitution of India to direct the Principal Subordinate Judge, Puducherry to complete the E.P.No.87 of 2019 inO.S.No.167 of 2004, within a time frame as fixed by this court.

For Petitioners : Mr.A.Kripakaran

O R D E R

This petition has been filed against to direct the Principal Subordinate Judge, Puducherry to complete the E.P.No.87 of 2019 in O.S.No.167 of 2004, within a time frame as fixed by this court.

2. The petitioner herein are the plaintiffs in O.S.No.167 of 2004 on the file of the Principal Subordinate Judge, Puducherry and they have filed the above said suit for specific performance and that the suit was decreed in favour of them on 23.08.2018 by the Trial court. To execute the above said decree, the petitioners herein have filed E.P.No.87 of 2019.

3. The contention of the petitioners is that, though the suit is of the year 2004, only after 14 years, they have obtained the decree in their favour in the year 2018 and that the respondent has not chosen to challenge the decree and judgment passed by the Trial Court, however, in the execution petition, he dragged the proceedings. Hence, this revision petition has been filed.

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4. Heard the learned counsel appearing for the petitioner. I have perused the materials on record.

5. A perusal of the documents shows that from 26.06.2019 to 17.12.2019 the execution petition was pending for serving summons and then on 21.02.2020, it was posted for filing counter affidavit. Accordingly, this court, in the interest of justice, passed the following order. i) The Principal Subordinate Judge, Puducherry is directed to dispose the E.P.No.87 of 2019, as early as possible, within a period of 4 weeks from the date of receipt of a copy of this order.

6. With the above direction, the civil revision petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Mst To The Principal Subordinate Judge, Puducherry.

+1cc to Mr.V.S.Senthilkumar, Advocate, S.R.No. 23105 CRP No.1138 of 2020 VG II(CO) GN(01/07/2020) https://hcservices.ecourts.gov.in/hcservices/