K.Rajan v. G.Anbu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI K.Rajan ...

Petitioner in both C.R.P.s -VsG.Anbu ...

Respondent in C.R.P.No.4933/2023 K.Babu ...

Respondent in C.R.P. No.4934/2023 Prayer in C.R.P.No. 4933 of 2023 : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to pass an order of speedy disposal of the E.P.No. 4 of 2021 in RCOP.No. 1 of 2018 on the file of District Munsif, Vaniyambadi, Tirupattur District within a stipulated time fixed by this court.

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Prayer in C.R.P.No. 4934 of 2023 : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to pass an order of speedy disposal of the E.P.No. 5 of 2021 in RCOP.No. 2 of 2018 on the file of District Munsif, Vaniyambadi, Tirupattur District within a stipulated time fixed by this court.

For Petitioner in both C.R.P.s :

Mr.M.Muruganantham COMMON ORDER These Civil Revision Petitions have been filed by the Revision Petitioner herein praying to pass an order for speedy disposal of the E.P.Nos.4 and 5 of 2021, which were filed by him to execute the decree of eviction granted in his favour in RCOP.Nos. 1 and 2 of 2018.

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 to execute the decree, he initiated execution proceedings in E.P.Nos 4 and 5 of 2021, in which the respondent has also appeared and the case is riped for enquiry one year back. Subsequently, the respondent has filed an 2/4

applications under Sec.47 of C.P.C. and the same are also pending without any progress. Therefore, he wanted to direct the executing court to dispose the case as well as the applications as early as possible.

4. Considering the facts and circumstances and also the fact that since the case is pending before the Rent Controller for more than 5 years and the proceedings in the Execution Petitions are pending for more than two years as well as the applications filed by the respondent under Sec.47 of C.P.C. are pending for than one year without any progress, this Court is inclined to direct the Executing Court to commence the enquiry and dispose the case including the Execution Applications filed under Sec.47 of C.P.C. as expeditiously as possible within a period of six weeks 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 District Munsif, Vaniyambadi. Tirupattur Dt. 3/4

T.V.THAMILSELVI, J.

rpp C.R.P.Nos.4933 & 4934 of 2023 22.12.2023 4/4