Dinakaran v. Ramachandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2015

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.1874 of 2015 Dinakaran ... Petitioner v.

1.Ramachandran 2.Manokaran 3.Prabakaran 4.Baskaran ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Kallakurichi to dispose of the pending application in E.A.No.17 of 2015 in E.P.No.97 of 2013 in O.S.No.07 of 2008 on the file of Subordinate Judge, Kallakurichi expeditiously within a stipulated time as may be fixed by this court. For Petitioner : Mr.V.Manohar

O R D E R

The decree holder in the Execution Petition in E.P.No.97 of 2013 in O.S.No.07 of 2008, on the file of Subordinate Court, Kallakurichi has filed the above Civil Revision Petition to direct the Subordinate Judge, Kallakurichi to dispose of the application in E.A.No.17 of 2015, within a stipulated time.

2. The learned counsel appearing for the petitioner submitted that the application in E.A.No.17 of 2015 filed by the first respondent under Order 21 Rule 97 of C.P.C., is pending before the Execution Court. Further, the learned counsel submitted that in view of the pendency of the said application, the decree holder is put to hardship and prejudice.

3. Having regard to the submission made by the learned counsel appearing for the petitioner and also 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 Judge, Kallakurichi to dispose of the application in E.A.No.17 of 2015 in E.P.No.97 of 2013 in O.S.No.07 of 2008, on merits and in accordance with law, on or before 15.07.2015.

With this observation, the Civil Revision Petition is disposed of. No costs.

29.04.2015 Index : No Internet : Yes Rj To The Subordinate Judge, Kallakurichi M. DURAISWAMY,J.,

Rj C.R.P.(NPD)No.1874 of 2015 29.04.2015