S.Menaka v. Suresh Kumar

CRP NO. 5703 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP NO. 5703 of 2025 S.Menaka Petitioner vs Suresh Kumar Respondent Revision filed under Article 227 of the Constitution of India to direct the disposal of EP No.215 of 2018 pending on the file if IX Assistant Judge, City Civil Court, Chennai, thereby approving the draft sale deed submitted by the petitioner in E.P.No.215 of 2018 in O.S.No.12121 of 2010 to be executed in the light of the decree made in O.S.No.12121 of 2010. For Petitioner:Mr.B.Vijayakumar For Mr.K.N.Pandian

ORDER

Heard the learned Senior Counsel for the revision petitioner.

2. Learned counsel for the petitioner brings to my notice that the decree for specific performance was obtained on 19.12.2016 and the same has become final. The petitioner has filed an execution petition as early as in 2018 in E.P No.215 of 2018 and the execution petition also came to be 1/4

allowed on 06.09.2018.. Thereafter, in compliance of the direction of the Executing Court, Draft Sale Deed has also been filed by the petitioner on 03.01.2019.

3. The grievance of the petitioner is that for the past six years, the Draft Sale Deed has not been approved. Learned counsel for the petitioner submits that once the decree has become final and the execution petition has also been allowed in the year 2018, nothing remains for the executing court, except to approve the Draft sale deed in favour of the petitioner.

4. In the light of the above, I am inclined to direct the learned IX Assistant Judge, City Civil Court, Chennai to approve the Draft Sale Deed and proceed to execute the fair sale deed in favour of the petitioner, subject to the meeting the costs of the stamp papers and registration.

5. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 2/4

6. With the above direction, the civil revision petition is allowed. No costs..

14-11-2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr To The IX Assistant Judge, City Civil Court, Chennai 3/4

P.B.BALAJI.,J sr CRP NO. 5703 of 2025 14.11.2025 4/4