← Library
Madras High CourtCRP/1429/2015disposed of

N.S. Ziaudeen Ahamed v. N.S. Mohamed Zahir

2015-04-09Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY CRP (NPD) No.1429 of 2015 N.S.Zlaudeen Ahamed .. Petitioner versus

1. N.S.Mohamed Zahir

2. N.S.Mohamed Farook

3. S.Najimunissa

4. N.S.Mohamed Hidayathullah

5. Salima Bi

6. Abdul Majeed

7. Rahimunissa (deceased)

8. Umma Basheera

9. Azizunnissa

10. Mohamed Sheriff (deceased) 11.Zamrut Banu 12.Abdul Rasheed 13.Zamruth (deceased) 14.Feroze Khan 15.Shakila 16.Shansheeya 17.Mohamed Ayub 18.Muhmoodha 19.Liyakat 20.Dhoulat Khan 21.Aphrose Khan 22.Razia (deceased) 23.Dawood Khan 24.Banu 25.Irfan Banu 26.Aasif 27.Sarbar 28.Meher 29.Raziya 30.Mehaboob Khan 31.Rabiya 32.Shakeera 33.Rizwan ..Respondents

Petition filed under Article 227 of the Constitution of India to direct the Subordinate Court at Namakkal to dispose of the Execution Petition pending as Regular Execution Petition in R.E.P.No.69 of 2011 in O.S.No.351 of 1980 within a time limit.

For Petitioner : Mr.G.Jayachandran

O R D E R

The decree holder in O.S.No.351 of 1980 on the file of the Subordinate Court, Namakkal, has filed the above Civil Revision Petition to direct the Subordinate Court, Namakkal to dispose of the Regular Execution Petition in R.E.P.No.69 of 2011, within a stipulated time.

2. The learned counsel for the petitioner submitted that the petitioner obtained a final decree in a suit for partition in O.S.No.351 of 1980 on 22.12.2010 and pursuant to the final decree, he filed a Regular Execution Petition in R.E.P.No.69 of 2011. According to the learned counsel for the petitioner, though the Regular Execution Petition was filed in the year 2011, the Execution Court has not disposed of the same till now. The learned counsel for the petitioner further submitted that all the applications filed by the third parties were disposed of by the Execution Court and the Execution Petition is ripe for enquiry.

3. Having regard to the submissions made by the learned counsel for the petitioner, taking into consideration the limited prayer sought for

in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Subordinate Court, Namakkal to dispose of the Regular Execution Petition in R.E.P.No.69 of 2011 in O.S.No.351 of 1980, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. With this observation, the Civil Revision Petition is disposed of. No costs.

09.04.2015 rg To The Subordinate Court at Namakkal M.DURAISWAMY,J

rg CRP (NPD) No.1429 of 2015 09.04.2015