R.Nandhagopal v. S.K.S.Sivakumar

T.V.THAMILSELVI, J.

This matter is taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the revision petitioners.

2. The learned counsel for Revision Petitioners would submit that this Court by an order dated 19.12.2023 allowed the above C.R.P.. However, the learned counsel would submit that the period for disposal of execution proceedings was mentioned as six weeks instead of six months. Hence, he prayed to modify the same. Accordingly, the matter is listed today.

3. Considering his submissions, in para 5 of the order, it shall be substituted as follows :- "5. Records perused. On perusal of entire facts, it reveals that the execution petition was taken on file by the Executing Court and now it is at the part-heard stage. In such circumstances, the revision petitioners are entitled to produce any document and if at all, those documents are liable to be received, the same can be decided by the executing court while deciding the case at the 1/3

time of trial in E.P.No.70 of 1989. Accordingly, this Civil Revision Petition is allowed and the findings of the Executing Court in E.A.No.9 of 2023 in E.A.No.205 of 2019 in E.P.No. 70 of 1989 is set aside and the said application is ordered to be allowed on condition to produce the documents. On production of the documents, the Executing Court is directed to consider the application filed in E.A.No.205 of 2019 and dispose the same as well as the Execution Petition in E.P.No.70 of 1989 on merits within a period of eight weeks from the date of receipt of copy of this order. No costs. Consequently, connected Civil Miscellaneous Petition is closed. "

4. Registry is directed to incorporate above correction in the Order of this Court in C.R.P.No. 4743 of 2023 dated 19.12.2023 and issue fresh order copy to the Revision Petitioner.

03.01.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.R.P. No. 4743 of 2023 03.01.2024 3/3