Arumugam v. Pappammal (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.242 of 2016 & C.M.P.No.1188 of 2016 Arumugam ... Petitioner v.

Pappammal (died) 1.Chenthamarai @ Fathima Azeez (died) 2.Veeramuthu 3.Sri Madava Perumal Devasthanam Rep. By its Executive Officer Office at Mylapore, Chennai - 600 005.

4.The Commissioner, Alandur Municipality Office at Alandur Madras - 600 016, Saidapet Taluk 5.The Assistant Engineer, M.E.S., Office at Power House M.K.N. Road, Alandur Chennai - 600 016 Saidapet Taluk.

6.The Assistant Divisional Engineer, M.E.S., T.N.E.B., Office at Power House M.K.N. Road Alandur, Chennai - 600 015 Saidapet Taluk 7.Lakshmi

8.Chandrakala 9.Yaqup Ali 10.Beermohamed 11.Sulaiman 12.Mastan 13.Aisha ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif, Alandur to dispose of E.P.No.123 of 2012 in O.S.No.104 of 1990 pending on its file at the earliest. For Petitioner : Mr.T.M.Hariharan

O R D E R

Pursuant to the decree passed in O.S.No.104 of 1990 on the file of Sub Court, Poonamallee, the decree holder has filed an Execution Petition in E.P.No.123 of 2012 on the file of Principal District Munsif Court, Alandur. The decree holder has filed the above Civil Revision Petition to direct the Execution Court to dispose of the Execution Petition in E.P.No.123 of 2012 within a stipulated time.

2. Mr.T.M.Hariharan, learned counsel appearing for the revision petitioner submitted that though the petitioner filed the Execution Petition in the year 2012 itself, the Execution Court has not disposed of the same, in

spite of the fact that the summons sent to the respondents were duly served. The learned counsel further submitted that the respondents have not filed their counter yet.

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 Principal District Munsif Court, Alandur, to dispose of the Execution Petition in E.P.No.123 of 2012 in O.S.No.104 of 1990, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

With this observation, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.01.2016 Index : Yes/No Rj To The Principal District Munsif Court, Alandur.

M. DURAISWAMY,J.,

Rj C.R.P.(NPD)No.242 of 2016 & C.M.P.No.1188 of 2016 28.01.2016