The Executive Engineer v. C.Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA and C.M.P.No.8082 of 2017 The Executive Engineer, Tamilnadu Water and Drainage Board, Rural Water Supply Division, Erode.

...

Petitioner/5th Respondent Vs.

1.C.Sivakurmar ...

Respondent/Petitioner 2.R.Balasubramaniam 3.United India Insurance Co Limited, No.220, Otty Main Road, Mettupalayam, Coimbatore District.

4.Kalidas 5.National Insurance Co Ltd, No.88 Bye Pass Road, Dharmapuri 636 701.

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Respondents/ Respondents 1 to 4 (Representation against the RR2 to 5 is hereby given up) 1/4

PRAYER : The Civil Revision Petition filed under Section 115 of the Civil Procedure Code, against the decretal order passed in E.P.No.38 of 2015 dated 24.02.2016 on the file of the I Additional Subordinate Judge, Erode in M.C.O.P. No.123 of 2012 on the file of the Principal Sub Judge, Karur. For Petitioner : No Appearance For Respondents : Mr.K.Suresh for R1 : RR2 to 5 is given up.

ORDER

(Heard through video conferencing) This Civil Revision Petition has been filed challenging the order of the learned I Additional Subordinate Judge, Erode dated 24.02.2016 passed in E.P.No.38 of 2015.

2.

There is no representation for the petitioner for the consecutive two hearings and the matter is posted under the caption 'for dismissal' 3.

The learned counsel for the respondent is present. It is submitted by the learned counsel for the respondent that despite the award was passed on 05.04.2013, the Revision petitioner has not made the payment and only in view of that the Executing Court has passed the impugned order of Attachment. Under such circumstance and due to the failure on the part of the 2/4

petitioner to conduct the proceedings, this Civil Revision Petition is dismissed for Non Prosecution. Since the matter is pending for a long time, it is desirable that the Executing Court endeavors to dispose the execution proceedings as expeditiously as possible. No costs. Consequently, connected Civil Miscellaneous Petition in C.M.P.No.8082 of 2017 is also closed. 30.07.2021 Speaking/Non-speaking Index : Yes/No Internet : Yes/No jrs To 1.The I Additional Subordinate Judge, Erode. 2.The Section Officer, V.R.Section, High Court, Madras.

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R.N.MANJULA,J.

jrs 30.07.2021 4/4