Madras High CourtCRP/1593/2016disposed of

C.M.Duraisamy(Decs) v. Madhalai Mary(Decs) Rep By Lrs

2016-06-06Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.1593 of 2016 C.M.Duraisamy (Deceased) 1.Rejina Duraisamy 2.Sheela Vincent ... Petitioners Vs.

Tmt.Madhalai Mary (Deceased) rep by LRs.

1.Anthony Ammal Jayaraj (Deceased) 2.Susaimary 3.Xavier 4.Kuzhandhai Theresa 5.L.M.Lawrence Rathinammal (Deceased) Julie (Deceased) 6.Pauline 7.Marshall 8.A.Lawrence 9.Sevin 10.Francis Arookiyasamy (Deceased) 11.Santhana Mary @ Victoria 12.Anthony Joseph 13.Mary Peter Jaya Marry Ammal (Deceased) 14.Stanish Lawns

15.Manoharan 16.Joseph @ Mariya Joseph 17.Margaret 18.Victor 19.Amallraj Nirmal Kumar (Died) ... Respondents (Petitioners 1 & 2 are the legal heirs of the deceased, impleaded as per orders made in 611/2003 and 1106/2003; Respondents 1 & 5 alone contesting, as relief against others were given up, hence, the petition to dispense with notice filed.) Civil Revision Petition filed under Article 227 of the Constitution of India to direct the I Additional District Munsif Court, Coimbatore to dispose of the pending E.P.No.18 of 2014 in O.S.No.936 of 1977 irrespective of any of the applications to be filed by the contesting respondents within the stipulated period as fixed by this Court.

For Petitioner : Mr.S.Mukunth for Mr.R.Ganesh Babu

O R D E R

The Decree Holders in O.S.No.936 of 1977 on the file of the I Additional District Munsif Court, Coimbatore have filed the above Civil Revision Petition to direct the I Additional District Munsif, Coimbatore to dispose of the Execution Petition in E.P.No.18 of 2014 within a time frame. 2.The learned counsel appearing for the petitioners submitted that pursuant to the final decree passed in O.S.No.936 of 1977, the petitioners have filed the Execution Petition in E.P.No.18 of 2014. Further, the learned

counsel submitted that though the proceedings have commenced as early as in the year 1977, the proceedings have not reached its finality. That apart, the learned counsel also submitted that in view of the long pendency of the matter, the petitioners are put to hardship and prejudice. 3.Having regard to the submissions made by the learned counsel for the petitioner, taking into consideration the prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the I Additional District Munsif, Coimbatore to dispose of the Execution Petition in E.P.No.18 of 2014 in O.S.No.936 of 1977, on merits and in accordance with law, within three months from the date of receipt of a copy of this order.

4.With these observations, the Civil Revision Petition is disposed of. No costs.

Index : Yes/No 06.06.2016 Internet : Yes va To The I Additional District Munsif Court, Coimbatore.

M.DURAISWAMY,J.

va C.R.P.(NPD).No.1593 of 2016 06.06.2016