Madras High CourtCRP/3993/2022disposed of

Sivaprakasam v. Nagalakshmi (Died)

2022-12-02Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.12.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR Sivaprakasam

...Petitioner

Versus

Nagalakshmi (Died) V.Singaravelu (Died)

1. Jayaraman

2. Jothikumar

3. Chandrasekaran

4. Pandimeena

5. Thirunavukarasu

6. Radhakrishnan

7. Pandian

8. Thilagavathi

9. Dhandapani ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to direct the District Munsif Court, Nagapattinam to dispose of the E.P.No.68 of 2012 in O.S.No.440 of 2004 on the file of District Munsif Court, Nagapattinam within a time frame as may be fixed by this Court. For Petitioner : Mr.K.Chandrasekaran

O R D E R The Civil Revision Petition is filed seeking a direction to the District Munsif Court, Nagapattinam, to dispose of Execution Petition in E.P.No.68 of 2012 in O.S.No.440 of 2004 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 Civil Revision Petition even without notice to the respondents.

3. The petitioner herein filed a suit for recovery of possession and obtained a decree and the same was confirmed by the judgment of this Court in S.A.No.88 of 2010 dated 23.09.2020.

4. The petitioner filed the execution petition in E.P.No.68 of 2012, seeking recovery of possession as per the decree. The E.P is of the year 2004. The second appeal is said to have been dismissed on 23.09.2020.

5. The perusal of E-Court entry furnished in the typed set of papers would

suggest that the respondent filed the additional counter in E.P.No.68 of 2012 on 10.12.2021. Thereafter, the Execution Petition has been adjourned from time to time for enquiry without any substantial progress. In view of the same, this Court is inclined to issue a direction to the Court below to dispose of the Execution Petition in E.P.No.68 of 2012, within a period of six (6) months from the date of receipt of a copy of this order.

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

02.12.2022 nti Index: Yes/ No Speaking Order / Non-Speaking Order

S.SOUNTHAR , J.

nti To The District Munsif Court, Nagapattinam.

02.12.2022