Ananthakumar v. R.Balachandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Ananthakumar .. Petitioner

Versus

1.R.Balachandran 2.R.Ganesan 3.R.Ravichandran 4.R.Padma 5.Pankajam @ Bhuvaneswari 6.G.Prasanth 7.Varshini .. Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to implement the order dated 11.11.2021 in I.A.No.1 of 2019 in I.A.No.785 of 2010 in O.S.No.300 of 2010, pending on the file of the Additional Subordinate Judge, Namakkal.

For Petitioner : Mr.B.Kishore 1/4

ORDER

When the matter came up for admission on 18.11.2024, I had called for a report from the learned Additional Subordinate Judge, Namakkal as to why despite the order directing the sale of the property on 11.11.2021, it had not been brought for auction in terms of the Partition Act.

2. The learned Additional Subordinate Judge had sent a report on 25.11.2024 stating that a Commissioner was appointed by the Court to bring the property for sale. Due to an oversight, the application was not taken up for hearing. He has also pointed out that on 22.11.2024, the learned Advocate Commissioner originally appointed by the court has returned the warrant stating that despite his effort, he was not able to proceed further due to the noncooperation of the parties. The learned Judge on that very date, appointed another Advocate Commissioner to complete the process and to submit a report to him.

3. In the light of the report submitted by the learned Subordinate Judge, Namakkal, there shall be direction to the learned Judge to dispose of the 2/4

application on or before 25.04.2025 and submit a report of compliance to this court.

4. With the above directions, this civil revision petition is ordered. No costs.

11.12.2024 nl Index : yes/no Speaking order/Non-speaking order : yes/no To

1. The Additional Subordinate Judge, Namakkal 3/4

V.LAKSHMINARAYANAN, J.

nl 11.12.2024 4/4