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Madras High CourtCRP/985/2018disposed of

Sellappan v. V.Malathi,

2018-03-19Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(NPD).No.985 of 2018 Sellappan .. Petitioner Vs.

1.V.Malathi 2.Additional Assistant Elementary Educational Officer, Mohanur Road, Namakkal.

.. Respondents PRAYER: Civil Revision Petition filed under Section 115 of the Constitution of India to dispose the execution petition and docket order in R.E.P.No.60 of 2015 in O.S.No.374 of 2014 pending on the file of the Subordinate Judge's Court at Namakkal.

For Petitioner : Mr.T.L.Thirumalaisamy * * * * *

O R D E R

The Civil Revision Petition is taken up for final disposal at the admission stage itself.

2.According to the revision petitioner, the petitioner herein has filed R.E.P.No.60 of 2015 to execute the decree in the suit in O.S.No.374 of 2014 for recovery of money against the respondent. In the aforesaid suit, the Execution Petitions in R.E.A.No.34 of 2018 filed by the first respondent to reopen for further arguments in the Execution Petition and the R.E.A.No.35 of 2018 filed to stay of further proceedings in the Execution Petition till the disposal of I.A.No.252 of 2016. The learned counsel appearing for the petitioner also filed the counter statement in R.E.A.Nos.34 and 35 of 2018 and application to condone delay in set aside the exparte decree is adjourned from time to time. 3.The execution petition is also pending for the past three years.

At this stage, the learned counsel appearing for the petitioner requested this Court to mould the relief and to direct the Court below to dispose of the R.E.A.Nos.34 and 35 of 2018 filed by the first respondent. 4.By considering the aforesaid facts, without going into the merits of the case, this Court is inclined to direct the Sub Judge, Namakkal to dispose of the R.E.A.Nos.

R.E.P.No.60 of 2015 in O.S.No.374 of 2014 as expeditiously as possible preferably on or before 28.04.2018.

5.The Civil Revision Petition is disposed of with above direction. No costs.

19.03.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No ah To The Sub Judge, Namakkal.

D. KRISHNAKUMAR J., ah CRP(NPD).No.985 of 2018 19.03.2018