Sivasankari v. R.Prabhakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2019

CORAM:

THE HONOURABLE Mr.JUSTICE R.SURESH KUMAR C.R.P.(PD) No.3534 of 2019 Sivasankari ... Petitioner Vs.

1.R.Prabhakaran 2.Vijaya 3.Solai 4.Rajkumari 5.Suseela ... Respondents Prayer: Petition filed under Article 227 of the Constitution of India praying to direct the District Court, Nagapattinam to dispose of the execution petition in E.P.No.3 of 2018 in O.S.No.48 of 2004 on merits within a time frame fixed by this Court.

For Petitioner : Mr.P.Dinesh Kumar

ORDER

This revision petition has been filed seeking for a prayer to direct the District Court, Nagapattinam to dispose of the Execution Petition in E.P.No.3 of 2018 in O.S.No.48 of 2004 on merits within a time to be fixed by this Court.

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2.Heard Mr.P.Dinesh Kumar, learned counsel appearing for the revision petitioner.

3.Admittedly the Execution Petition is of the year 2018 i.e., E.P.No.3 of 2018 and it cannot be said that very long period, the said EP has been kept pending, therefore, we cannot find fault with the Court below with regard to the pendency of the EP. 4.Moreover, this EP was filed to execute the decree in a partition suit. Therefore, in these kind of matters, Court cannot fix a rigid time frame to execute the decree. At any rate, if there is no further impediment, the Court below can give priority to this EP and decide it as early as possible.

5.With this observation, this Civil Revision Petition is dismissed. No costs.

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To The District Court, Nagapattinam.

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R.SURESH KUMAR, J.

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