Madras High CourtCRP/1314/2023disposed of

P.Mani v. P.Kanagasabai

2023-04-24Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2023

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN Civil Revision Petition (PD).No. 1314 of 2023 1.P.Mani 2.Kubendran 3.Raman ... Petitioners Vs.

1.P.Kanagasabai 2.Lakshmanan 3.The Registrar, Sub-Registrar's Office, Katpadi, Vellore District.

... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Katpadi, Vellore District to dispose of O.S.No.172 of 2011 within a time fixed by this Court. For Petitioners :

Mr.R.Vasudevan

ORDER

Heard the learned counsel appearing for the revision petitioners. 1/4

2. The Civil Revision Petition is filed for direction to the learned District Munsif, Katpadi, Vellore District, to dispose of O.S.No.172 of 2011, within a time frame fixed by this Court.

3. The petitioners have filed O.S.No.416 of 2000, on the file of the District Munsif, Vellore, which was decreed and aggrieved by the Decree and Judgment A.S.No.49 of 2007 was preferred which was dismissed. The Petitioners/Decree Holders have filed E.P.No.75 of 2009, on the file of the District Munsif Court, Vellore for executing the decree. However, allegedly, in order to circumvent the decree passed, the Respondents/Judgment Debtors have filed O.S.No.172 of 2011, whereas, the petitioners being the defendants have also filed written statement and it is pending for trial. It is submitted that on account of pendency of the suit which is filed in 2011, the decree in O.S.No.416 of 2000 could not be executed.

4. As seen from the proceedings, though the suit in O.S.No.172 of 2011 is filed in the year 2011 it is being adjourned from time to time on 2/4

various reasons and the matter is thus posted for trial, however there is no progress.

5. Considering the said circumstances, the Civil Revision Petition is disposed of, directing the learned District Munsif, Katpadi, Vellore District, to dispose of O.S.No.172 of 2011 as expeditiously as possible, but not later than eight months from the date of receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. 24.04.2023 ssi Index: Yes/No Speaking Order: Yes/No To

1. The District Munsif Judge, Katpadi, Vellore District.

2. The Section Officer, V.R.Section, High Court, Madras.

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Dr. D. NAGARJUN, J., ssi C.R.P.(PD).No. 1314 of 2023 24.04.2023 4/4