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Madras High CourtCRP/1791/2021disposed of

Annamalai v. Samidurai

2023-10-31Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Civil Revision Petition (PD) No.1791 of 2021 Annamalai ... Petitioner Vs.

1.Samidurai 2.Ponnammal 3.Anjalai 4.Suburamaniyan 5.Rajasekaran 6.Anbalagan 7.Periyasamy 8.Tanagarasu ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying for speedy disposal of the E.P.No.97 of 2019 in O.S.No.10/1998 pending before the Principal Subordinate Court, Virudhacahalam within a time fixed by this Court. For Petitioner :

Mr.G.Ramesh Page No.1 of 5

O R D E R

This Civil Revision Petition has been filed by the petitioner for speedy disposal of the E.P.No.97 of 2019 in O.S.No.10/1998 pending before the Principal Subordinate Court, Virudhacahalam within a time fixed by this Court.

2. Learned counsel for the petitioner submitted that the preliminary decree was passed in 16.03.2006 and the final decree was passed in 12.09.2016 and the judgment debtor went for an appeal over the preliminary decree on 02.04.2014, before the Principal District Judge, Cuddalore and the same was dismissed for default.

3. Learned counsel for the petitioner further submitted that the petitioner is not able to enjoy the fruit of the decree, in view of the pending E.P.No.97 of 2019 before the Trial Court. Hence, he prayed this Court to direct the learned Principal Subordinate Judge, Virudhachalam to dispose of the aforesaid EP, within a time frame to be fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the Page No.2 of 5

materials available on record.

5. In view of the submission made by the learned counsel for the petitioner, this Court directs the learned Principal Subordinate Judge, Virudhachalam to dispose of the E.P.No.97 of 2019, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this Order.

6. This Civil Revision Petition is disposed of with the above observation and direction. No costs.

31.10.2023 Note: Issue order copy on 03.11.2023 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No Page No.3 of 5

J.SATHYA NARAYANA PRASAD,J.

vm Page No.4 of 5

31.10.2023 Page No.5 of 5