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Madras High CourtCRP/4398/2024allowed

Surender Singh v. A.K. Kandaswamy (Died) 1. A.K. Saravanan,

2024-12-06Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2024

CORAM

THE HON'BLE JUSTICE N.SATHISH KUMAR Mr.Surender Singh ... Petitioner/Petitioner/Decree Holder/Plaintiff -vsMr.A.K.Kandaswamy (Died)

1. Mr.A.K.Saravanan

2. Mrs.Senthil Kandaswamy

3. Mrs.Latha Karthikeyan ... Respondents/Respondents/Judgment Debtors/Defendants Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned IV Additional District Judge, Coimbatore to dispose the E.P.No.275 of 2022 in O.S.No.11 of 2009. For Petitioner :

Mr.S.R.Raghunathan For Mr.R.Narain Kalicharan For R1 & R2 :

Mr.K.Srinivasan For R3 :

Notice Served *****

O R D E R

This Civil Revision Petition has been filed for a direction to the IV Additional District Judge, Coimbatore to dispose the E.P.No.275 of 2022 in O.S.No.11 of 2009.

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2. Originally, the Suit in O.S.No.275 of 2022 was filed by the plaintiff for recovery of the amount to the tune of Rs.1,00,00,000/- with future interest and the said suit was decreed on 20.12.2018, holding that the plaintiff is entitled to recover Rs.30,00,000/- with interest from the 2nd defendant and the estate of the deceased 1st defendant and another sum of Rs.70,00,000/- with interest from the respondents herein jointly and severally. Thereafter, the plaintiff has filed an Execution Petition in E.P.No.275 of 2022, which is now pending before IV Additional District Judge, Coimbatore.

3. Learned counsel for the revision petitioner seeks early disposal of the Execution Petition.

4. Considering the fact that limited relief is sought in this petition and that no one much less respondents is prejudiced if the Execution Petition is taken up and orders passed on merits at the earliest point of time, a direction is issued to the IV Additional District Judge, 2/4

Coimbatore / Executing Court to dispose the E.P.No.275 of 2022 in O.S.No.11 of 2009 within a period of six months from today.

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

06.12.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order ar To:

IV Additional District Judge, Coimbatore.

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N.SATHISH KUMAR,J., ar 06.12.2024 4/4