Madras High CourtCRP/197/2016disposed of

Rpf Members Association v. Union Of India Owning

2016-01-25Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.197 of 2016 RPF Members Association Southern Railway Rep. By its President D.Nagaraj ... Petitioner v.

1.Union of India owning Southern Railway Rep. By its General Manager Hadquarters Office Park Town, Chennai - 600 003.

2.The Director general Railway Protection Force Railway Board Rail Bhavan, New Delhi.

3.The Chief Security Commissioner railway Protection Force Headquarters Office Park Town, Chennai - 600 003.

... Respondents

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned IX Assistant Judge, City Civil Court Chennai to dispose of the E.P.No.1041 of 2015 pending on its file at the earliest. For Petitioner : Mr.M.Balasubramanian

O R D E R

The decree holder-plaintiff has filed the above Civil Revision Petition to direct the IX Assistant Judge, City Civil Court, Chennai to dispose of the Execution Petition in E.P.No.1041 of 2015, within a stipulated time.

2. The learned counsel appearing for the revision petitioner submitted that in the Execution Petition, the judgment debtors were set ex-parte and an ex-parte order was passed. Subsequently, the judgment debtors filed an application in E.A.No.3716 of 2015 to set aside the ex-parte decree. The learned counsel appearing for the revision petitioner further submitted that the decree holder has no objection for setting aside the ex-parte order and disposing of the Execution Petition within a stipulated time.

3. Having regard to the submissions made by the learned counsel appearing for the revision 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 IX

Assistant Judge, City Civil Court Chennai, to allow the application in E.A.No.3716 of 2015 on merits and in accordance with law and dispose of the Execution Petition in E.P.No.1041 of 2015, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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

25.01.2016 Index : Yes/No Note : Issue copy of the order by 29.01.2016 Rj To The IX Assistant Judge, City Civil Court, Chennai M. DURAISWAMY,J.,

Rj C.R.P.(NPD)No.197 of 2016 25.01.2016