Madras High CourtCRP/3805/2023disposed of

Sakadevan v. Maragatha Ammal

2023-11-06Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Sakadevan ...

Petitioner -Vs1.Maragatha Ammal 2.Velmurugan 3.Thirumurugan Bheeman (died) 4.Raman 5.Panjalai 6.Gomathi ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the learned Subordinate Judge's Court at Dharmapuri, to dispose of the proceeding in R.E.P.No.38 of 2011 in O.S.No.72 of 1994 at an early date.

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For Petitioner :

Mr.P.Valliappan, Senior Advocate for M/s.PV Law Associates

ORDER

The Revision Petitioner herein/Plaintiff has filed this Civil Revision Petition praying to dispose the Execution Petition in R.E.P.No. 38 of 2011 in O.S.No.72 of 1994, which was filed by him during the year of 2011 and the same is pending before the Executing Court for more than 12 years without reaching final disposal.

2. Since the relief claimed by the Revision Petitioner only seeking a direction for a speedy disposal, the notice to the respondents is dispensed with.

3. The learned counsel for Revision Petitioner would submit that the the suit was filed in the year of 1994 and now the plaintiff is aged abut 65 years old. He has initiated the execution proceedings in the year of 2011 but so far, there is no progress in the proceedings. Therefore, he wanted to 2/4

direct the Executing Court to dispose the petition as early as possible.

4. Records perused. On seeing entire facts, it reveals that the suit was filed in the year of 1994 and obtained a decree on 06.03.2003 and thereafter, he has filed an Execution Petition in the year of 2011. Now the plaintiff himself became senior citizen, aged about 65 years old, but so far, he is not able to enjoy the fruits of the decree and so far, there is no progress in the execution proceedings. Therefore, this Court is inclined to direct the Executing Court to consider the Execution Petition and dispose the same as expeditiously as possible within a period of two months from the date of receipt of copy of this order. Accordingly, this Civil Revision Petition is disposed of. No costs.

06.11.2023 Index : Yes/No Speaking Order : Yes/No rpp To The Sub-Judge, Dharmapuri.

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T.V.THAMILSELVI, J.

rpp 06.11.2023 4/4