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Madras High CourtCRP/3595/2016disposed of

K. Sudhakaran, S/Oa. Kuppusamy v. A.J. Stanly S/O Late Arulsamy

2016-11-18Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD) No.3595 of 2016 K.Sudhakaran ... Petitioner ..vs..

A.J.Stanly ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India for a direction directing the Sub Court, Mettur to dispose of the Execution Petition No.41 of 2008 in O.S.No.301 of 2001 pending on its file within a stipulated time.

For Petitioner : Mr.K.R.Rameshkumar

O R D E R

The decree holder in E.P.No.41 of 2008 in O.SNo.301 of 2001 on the file of the Subordinate Court, Mettur, has filed the above Civil Revision Petition to direct the Executing Court, to dispose of the Execution Petition within a stipulated time.

2. The petitioner filed a suit in O.S.No.301 of 2001 for recovery of money. The trial Court decreed the suit on 25.01.2006. Pursuant to the decree passed in O.S.No.301 of 2001, the revision petitioner filed an

Execution Petition in E.P.No.41 of 2008.

3. The learned counsel for the petitioner submitted that though the Execution Petition was filed in the year 2008, the same has not yet been disposed of by the Executing Court. Further, the learned counsel for the petitioner submitted that in view of long pendency of the Execution Petition, the petitioner is put to hardship and prejudice.

4. Having regard to the submissions made by the learned counsel for the petitioner and 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 Subordinate Judge, Mettur, to dispose of the Execution Petition in E.P.No.41 of 2008 in O.S.No.301 of 2001, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. The Subordinate Judge is also directed to dispose of all the applications prior to the disposal of the Execution Petition.

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

18.11.2016 rg

To The Sub Court, Mettur.

M. DURAISWAMY,J., rg C.R.P.(NPD) No.3595 of 2016 18.11.2016 http://www.judis.nic.in