Madras High CourtCRP/3522/2022disposed of

Neelavathi @ Neelambal (Deceased) v. Ammakannu Ammal

2022-11-07Honourable Mr Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Neelavathi (A) Neelambal (Deceased) (Cause title accepted vide Court order dated 26.10.2022 made in CMP.No.16293/2022 in CRP.SR.No.96838 of 2022) 1.Gopal 2.Pushpavalli 3.Lalitha 4.Kalavathi 5.Sarada ... Petitioners Vs.

1.Ammakannu Ammal 2.Bhagyalakshmi Ammal Ranganayagi Ammal (Deceased) 3.Arasu Ammal 4.Thulasi Ammal 5.Jeya 6.Ellammal 7.Venda Ammal (Visually impaired) 1/6

8.Sundari 9.Panjali 10.Kasthuri Venketasalam Pillai (Deceased) 11.Samundeswari 12.Latha 13.Murugan 14.Ramu 15.Elumalai 16.Paneerselvam 17.Ramesh 18.Kumar 19.Jeyashankar 20.Vijaya ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue a direction to speedily dispose off the execution petition in E.P.No.23 of 2012 in O.S.No.243 of 1978, on the file of the learned SubJudge, Gingee, within a stipulated time frame fixed by this Court. For Petitioners : Mr.S.Prakash for Mr.M.Muruganantham 2/6

ORDER

This Civil Revision Petition is filed, seeking a direction to the Court below to dispose of the execution petition in E.P.No.23 of 2012 within a time stipulated by this Court.

2. Having regard to the limited prayer made in this revision, this Court is inclined to dispose of the revision, even without notice to the respondents.

3. The petitioner herein filed a final decree petition petition in O.S.No.243 of 1978 and the final decree was passed on 29.06.2011. Thereafter, the petitioner has filed this execution petition in E.P.No.23 of 2012.

4. The perusal of the adjudication furnished in the typed set of papers would suggest the execution petition has been pending from 2014 onwards, without any progress. It appears various execution applications 3/6

have been filed by one party or other. The execution applications of the year 2013, 2016 and 2019 are still pending.

5. Taking into consideration that the suit is of the year 1978 and the EP is of the year 2012, this Court is inclined to issue a direction to the Court below to dispose of the execution petition as expeditiously as possible preferably within a period of nine months from the date of receipt of a copy of this order.

6. With the above direction, this Civil Revision Petition is disposed of. No costs.

07.11.2022 Index : Yes / No Internet : Yes / No dna 4/6

To The Sub-Judge, Gingee.

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S.SOUNTHAR , J.

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