Rajasekar v. Balasubramanian

THE HIGH COURT OF JUDICATURE AT MADRAS Date : 09.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Rajasekar ... Petitioner

Versus

Balasubramanian ...

Respondent PRAYER : Petitions filed under Article 227 of Constitution of India to direct the Subordinate Court, Pollachi to dispose of the E.A.No.3 of 2024 in EP.No.91 of 2023 in O.S.No.267 of 2014 within a fixed time-frame. For Petitioner : Mr.M.Selvam

ORDER

This Civil Revision Petition has been filed to direct the Subordinate Court, Pollachi to dispose of the E.A.No.3 of 2024 in EP.No.91 of 2023 in O.S.No.267 of 2014.

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2. The respondent has filed a suit in O.S.No.267 of 2014 for recovery of money and creating charge over the suit properties. The suit was decreed on 10.04.2023. The respondent had filed execution petition in E.P.No.91 of 2023 to enforce the decree. In the Execution Petition, the petitioner was set exparte. For setting aside the exparte order, the petitioner filed an application in E.A.No.1 of 2024 which was also dismissed on 23.04.2024. Hence, filed an application in E.A.No.3 of 2024 seeking to restore the E.A.No.1 of 2024, which is pending. Hence, seeks a direction for early disposal of the above application,

3. Heard the learned counsel for the petitioner and perused the materials placed on record.

4. Considering the limited relief sought by the revision petitioner, without going into the merits of the case, the learned Subordinate Judge, Subordinate Court, Pollachi is directed to dispose of the application in EA.No.3 of 2024 expeditiously within a period of three months from the date Page 2 / 4

of receipt of a copy of this Order.

5. With the above directions, this Civil Revision Petition stands disposed of. No costs.

09.12.2024 Index : Yes / No Internet: Yes Speaking/non speaking order dhk To The Subordinate Judge Subordinate Court, Pollachi Page 3 / 4

N. SATHISH KUMAR, J.

dhk 09.12.2024 Page 4 / 4