Nagammal v. Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).No.3068 of 2015 1.Nagammal 2.Venkatesan 3.Krishnaveni ... Petitioners Vs.

1.Murugesan 2.The New India Assurance Co. Ltd., Railway Station Road, Tirupattur, Vellore District.

... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order of adjournment dated 17.06.2015 in R.E.P.No.75 of 2013 in M.C.O.P.No.130 of 2011 on the file of the Subordinate Judge, Vaniyambadi.

For Petitioners : Ms.C.Jayachithra

O R D E R

The decree holders in R.E.P.No.75 of 2013 in M.C.O.P.No.130 of 2011 on the file of the Subordinate Judge, Vaniyambadi, have filed the above

Civil Revision Petition to direct the Execution Court to dispose of the Execution Petition within the stipulated time. 2.Pursuant to the award passed in M.C.O.P.No.130 of 2011, the claimants filed the Execution Petition in R.E.P.No.75 of 2013 in the year 2013.

3.The learned counsel for the petitioners submitted that though the Execution Petition was filed in the year 2013, the Execution Court has not disposed of the same yet. Further, the learned counsel submitted that in view of the long pendency of the matter, the petitioners are not in a position to realise the award amount.

3.Having regard to the submissions made by the learned counsel for the petitioners, 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, Vaniyambadi, to dispose of the Execution Petition in R.E.P.No.75 of 2013 in M.C.O.P.No.130 of 2011, on merits and in accordance with law, within three months from the date of receipt of a copy of this order.

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

Index : No 29.07.2015 Internet : Yes va To The Subordinate Judge, Vaniyambadi.

M.DURAISWAMY,J.

va C.R.P.(PD).No.3068 of 2015 29.07.2015