D.Raja v. Indirani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023
CORAM:
THE HONOURABLE Dr. JUSTICE D. NAGARJUN Civil Revision Petition.No.2009 of 2023 D.Raja ... Petitioner Vs.
1.Indirani 2.Vijayananth 3.Dhanalakshmi 4.Eswaran 5.Rani 6.Gomathi 7.Gokila 8.Ananth 9.Susila 10.Nikil 11.Nitin 12.Latha ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the II Additional District Judge, Tiruppur to pass orders in E.A.No.32 of 2018 in E.P.No.20/2018 within the stipulated time. For Petitioner : Mr.N.A.Nissar Ahmed for Mr.N.A.Nassir Hussain 1/4
ORDER
This Civil Revision Petition is filed seeking for direction to the learned II Additional District Judge, Tirupppur to dispose of E.A.No.32 of 2018 in E.P.No.20 of 2018 within a time frame fixed by this Court.
2. It is submitted by the learned counsel for the petitioner that originally E.P.No.20 of 2018 is filed for execution of decree in O.S.No.197 of 2018 for specific performance of agreement of sale. After filing of E.P.No.20 of 2018, the petitioner has filed an application in E.A.No.32 of 2018 in E.P.No.20 of 2018 under Order 21 Rule 97 of C.P.C. It is submitted that the learned counsel that in the said application pleadings was completed and the matter is posted for cross examination of P.W.1 and the matter is pending without any progress.
3. Considering the circumstances and the submissions of the learned counsel for the petitioner that petitioner/decree holder could not execute the decree, thereby fruits of the decree could be enjoyed, the learned II Additional District Judge, Tiruppur is directed to dispose of E.A.No.32 of 2018 in E.P.No.20 of 2018, as expeditiously as possible, not later than three months from the date of receipt of copy of this order. 2/4
4. With the above direction, this Civil Revision Petition is disposed of. No costs.
20.06.2023 jai Index:Yes/No Speaking Order: Yes/No To The learned II Additional District Judge, Tiruppur.
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Dr.D. NAGARJUN, J.
jai 20.06.2023 4/4