R.Balakrishnan v. M.Rajasekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN R.Balakrishnan ... Petitioner/Auction Purchaser/Nil Vs

1. M.Rajasekar ... Respondent/Decree Holder/Nil/-

2. C.Thangavelu ... Respondent/Judgment Debtor/Nil PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Execution Court to dispose E.A.No. 55 of 2019 in E.P.No. 15 of 2013 in O.S.No. 73 of 2011 on the file of Principal Sub Court, Tirupur.

*** For Petitioner : Mr. P.Sesubalan Raja

O R D E R

Considering the scope of the prayer sought for, notice to the respondents is deemed unnecessary.

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2. The petitioner seeks a direction for early disposal of the application in E.A.No. 55 of 2019 seeking delivery of possession.

3. The petitioner is a purchase at the Court auction held on 06.06.2018 for valuable consideration of Rs.12,10,000/-. He has also paid the entire amount and the sales certificate has also been issued.

4. From the 'B' diary extract, it is seen that E.A.No. 55 of 2019 has been adjourned at the instance of the respondent on various occasions.

5. Considering the fact that the auction has been held in the year 2018 and almost three years have gone by, there will be a direction to the Principal Sub Court, Tiruppur, to dispose of E.A.No. 55 of 2019 within a period of three months from the date of receipt of a copy of this order.

6. With the above said direction, this Civil Revision Petition is allowed. No costs.

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vsg Index: Yes/No Speaking order / Non speaking order To:

1. Principal Sub Court, Tiruppur.

2.The Section Officer, VR Section, Madras High Court, Chennai.

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R.SUBRAMANIAN, J.

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