M. Chinnappan v. N.Damodharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2017 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA C.R.P(NPD).Nos.3888 to 3890 of 2016 Chinnappan

...Petitioner

Vs 1.N.Damodharan 2.D.Usha Beulah 3.S.Arumugam 4.Pushpa 5.Santhanam 6.Muniammal 7.Lakshmi 8.Baskaran 9.Tamilselvam 10.Lurtubai 11.Muthusubramani 12.Maybalkarunabai 13.Manonmani 14.Muthukumar 15.Madhankumar 16.Meenakshi 17.Pugalarasan 18.S.Dayalan 19.Venugopal 20.K.Varadaraj 21.K.Rajendran 22.Syed Abdulrahaman

...Respondents

Civil Revision Petitions are filed under Article 227 of the Constitution of India, against the docket order dated 29.09.2016 in E.A.Nos.43 to 45 of 2016 in E.P.No.9 of 2016 in O.S.No.70 of 2015 on the file of the District Munsif Court, Tambaram. For Petitioner :

Ms.P.T.Asha for M/S.Sarvabhauman Associates C O M M O N O R D E R Civil Revision Petitions are filed against the docket order dated 29.09.2016 in E.A.Nos.43 to 45 of 2016 in E.P.No.9 of 2016 in O.S.No.70 of 2015 on the file of the District Munsif Court, Tambaram.

2.Learned counsel for the petitioner would submit that the petitioner as a plaintiff filed a suit in O.S.No.70 of 2015 for declaration of settlement deeds and sale deeds as null and void, not binding on the plaintiff, also for mandatory injunction to demolish and hand over the possession and also injunction restraining the defendants not to put further construction in the suit property. The suit was decreed and the plaintiff has filed

E.P.No.9 of 2016 for delivery of possession and that delivery was ordered. Further, the petitioner/plaintiff has preferred E.A.Nos.43 to 45 of 2016 to direct the Assistant Commissioner of Police, Tambaram A.C. Office, Chennai to render necessary police protection to the Court amin to execute the warrant of delivery, to order for demolition of superstructure constructed on the suit property and to direct the Assistant Engineer, TNEB, Tambaram, to disconnect the electricity service connection from the schedule of property. In that application, notice was ordered to the respondents/judgment debtors. She would further submit that since the respondents/judgment debtors were set exparte in both suit and execution petition, no notice is necessary. Hence, she wants early disposal of E.A.Nos.43 to 45 of 2016.

3.Considering the limited nature of the relief as sought for herein, notice to the respondents is dispensed with. 4.In view of the submissions made by the learned counsel for the petitioner and on perusal of the typed set of papers, I am inclined to give a direction to the Executing Court to dispose of the applications as early as possible. Accordingly, the learned District

Munsif, Tambaram, is directed to dispose of E.A.Nos.43 to 45 of R.MALA,J.

kj 2016 in E.P.No.9 of 2016 in O.S.No.70 of 2015 within a period of two months from the date of receipt of a copy of this order, in accordance with law. Accordingly, the Civil Revision Petitions are disposed of. No costs.

01.02.2017 kj To The District Munsif Court, Tambaram.

C.R.P(NPD).Nos.3888 to 3890 of 2016 http://www.judis.nic.in