G. Thomai v. Jerom Immanuvel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2025
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI G.Thomai ... Petitioner Vs.
1.Jerom Immanuvel 2.Chinnappan Arokiadoss 3.Royappan ... Respondents Prayer: Civil Revision Petition filed under Section 115 of CPC, to direct the Sub-Court, Sankarapuram, for speedy disposal of the Application in E.A.No.2 of 2025 against E.A.No.1 of 2025 in E.P.No.102 of 2013 in O.S.No.29 of 2012, on the file of the Sub-Court at Sankarapuram, within stipulated time that may be fixed by this Court. For Petitioner : Mr.J.Agni Selvaraju
ORDER
Heard the learned counsel for the petitioner. The petitioner is the successful bidder in public auction. The Court has also confirmed the sale and issued a sale certificate to the petitioner way back in October 2018. The 1/4
petitioner had filed E.A.No.30 of 2019 for delivery of possession, subsequent to being issued with the sale certificate. The proceedings were subsequently transferred to the file of Sub Court, Sankarapuram. 2.The grievance of the petitioner is that for the past six years, nothing has moved and despite having paid the entire amount and sale certificate also being issued way back in October 2018, the petitioner is suffering without being able to recover possession of the property purchased by him, that too in Court auction.
3.The Hon'ble Supreme Court has also held in Rahul S.Shah v.Jinendra Kumar Gandhi ((2021) 6 SCC 418), that all execution proceedings must be concluded within a period of six months. 4.Considering the limited scope of the revision petition and dispensing with notice to the respondents, the Executing Court is hereby directed to dispose of the pending Application in E.A.No.2 of 2025 against E.A.No.1 of 2025 in E.P.No.102 of 2013 in O.S.No.29 of 2012, within a 2/4
period of eight (8) weeks from the date of receipt of a copy of this order. No costs.
10.11.2025 kas Index : Yes / No Speaking / Non Speaking To
1. Sub Court Sankarapuram P.B. BALAJI, J.
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