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Madras High CourtCRP/4930/2023disposed of

Kalyani v. T.Shanmugham

2023-12-22Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Kalyani ...

Petitioner -VsT.Shanmugham ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the learned Motor Accident Claims Tribunal cum Subordinate Court, Avinashi to dispose of E.P.No. 7 of 2021 in M.C.O.P.No. 112 of 2010 within a time frame as fixed by this Hon'ble Court.

For Petitioner :

Mr.D.Chitra Maragatham 1/4

ORDER

The Revision Petitioner preferred this Civil Revision Petition praying for speedy disposal of E.P.No.7 of 2021 pending on the file of Motor Accident Claims Tribunal cum Sub-Court of Avinashi, which was filed by her to execute the decree passed in M.C.O.P.No. 112 of 2010.

2. Since the relief claimed by the Revision Petitioner only seeking a direction for a speedy disposal, the notice to the respondent is dispensed with.

3. The learned counsel for Revision Petitioner would submit that for recovery of compensation amount, she initiated execution proceedings in E.P.No.7 of 2021, but all these days, though the respondent appeared in the said proceedings, the same is pending due to non-filing of counter objections and there is no progress in the proceedings. Therefore, she wanted to direct the executing court to dispose the case as early as possible.

2/4

4. Considering the facts and circumstances and also the fact that the the Execution Petition is pending due to non-filing of counter objections though the respondent appeared and so far there is no progress in the execution proceedings, this Court is inclined to direct the executing court to commence the enquiry and dispose the case as expeditiously as possible within a period of eight weeks on merits from the date of receipt of copy of this order. Accordingly, this Civil Revision Petition is disposed of. No costs.

22.12.2023 Index : Yes/No Speaking Order : Yes/No rpp To The Motor Accident Claims Tribunal cum Sub-Judge, Avinashi. 3/4

T.V.THAMILSELVI, J.

rpp 22.12.2023 4/4