← Library
Madras High CourtCRP/2851/2019disposed of

Palanisamy v. J.Arpudhamani Anakili

2019-08-29Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2019

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ CRP (PD) No.2851 of 2019 Palanisamy .. Petitioner Vs

1. J. Arpudhamani Anakili

2. P.Parameshwari

3. P.Vasantha

4. G.Prema

5. Devasena

6. Vellingiri

7. P.Venni

8. B. Geetha

9. Jeganathan M.Karuppusamy(died) Kanniammal (died) 10.Kannal 11.Lakshmi 12.Arukkani Rangasamy (died) 13.Ganesan 14.Mallika 15.Shanthi 16.R.Rani 17.R.Prakash 18.Kannan 19.Sakundala 20.Thangal 21.Thenmozhi .. Respondents Prayer:Civil Revision Petition filed under Section 227 of Constitution of India against the periodical adjournment orders lastly dated 20.09.2019 and made in E.A.No.514 of 2019 in E.A.No.157 of 2013 in

E.P.R.No.115 of 1999 in O.S.No.615 of 1998 on the file of II Additional Subordinate Judge, Coimbatore.

For Petitioner : Mr. N.A. Nissar Ahmed

ORDER

The petitioner is a decree holder in the suit O.S.No.615 of 1998 and he filed an E.P.No.115 of 1999 in the year 1999. The same is pending without being executed for the past 20 years due to the reason that the respondents are indulging in dilatory tactics by filing execution applications one after the other.

2. It is submitted that now the judgment debtors have filed execution application in E.A.No.514 of 2019 to obstruct the obstruction petition.

3. Learned counsel for the petitioner would submit that the entire issue was decided in a batch of writ petitions, inspite of the same, only to obstruct the proceedings, the present application is filed.

4. On a perusal of records, it is seen that E.A.No.514 of 2019 is filed in July 2019 and the execution petition is pending long time from the year 1999.

5. Considering the long pendency of the litigation and also the fact that the decree holder is aged about 70 years and he wants to see the fruits of the decree during his life time, this Court is inclined to give a direction to the Execution Court for an early disposal.

6. Accordingly, the II Additional Sub Judge, Coimbatore is directed to dispose of E.A.No.514 of 2019 within a period of one month from the date of receipt of a copy of this order and the E.P.No.115 of 1999 within a period of three months thereafter. 29.08.2019 msr Index:Yes/No Internet: Yes/No Note: Issue copy of 29.8.2019 To The II Additional Subordinate Judge, Coimbatore.

M.GOVINDARAJ, J.

msr CRP (PD) No.2851 of 2019 29.08.2019