Kairunnisa @ Hairunnisa v. N.Selvakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Kairunnisa @ Hairunnisa ... Petitioner/Petitioner/Plaintiff Vs.

N.Selvakumar ... Respondent/Respondent/Defendant PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the III Additional District Court, Trichy, to dispose of the suit in E.P.No.140 of 2020 in O.S.No.72 of 2018, within a definite time framed by this Court.

For Petitioner : Mr.A.Arumugam.

ORDER

This civil revision petition is filed seeking direction to the learned III Additional District Court, Trichy, to dispose of the suit in E.P.No.140 of 2020 in O.S.No.72 of 2018, within a definite time framed by this Court.

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2.The petitioner filed a suit in O.S.No.72 of 2018 on the file of the I Additional District Court, Trichy, for the relief of specific performance and for delivery of possession. It was decreed in favour of the plaintiff on 23.01.2020. On the basis of the above said decree, he filed E.P.No.140 of 2020. In the said execution petition, notice was also served on the respondent. He entered appearance and filed his counter. In the meantime, he also filed first appeal before this Court in A.S.(MD).No. 237 of 2021 and the same was dismissed on merits on 11.04.2023. Thereafter, the respondent remained exparte in the E.P proceedings. After filing of the draft sale deed by the petitioner, the respondent filed an application to set aside the exparte order. That was allowed. Thereafter, it was transferred to the III Additional District Court, Trichy.

Even though time was granted to the respondent, the respondent dragging on the matter. Hence, seeking speedy disposal of the above said proceedings the petitioner came to this Court by way of this revision. 3.'B' diary extract is also produced, which shows that the matter is simply adjourned without any progress and now posted today for filing objection on the part of the respondent.

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4.In view of the perusal of records, there shall be a direction to the learned III Additional District Judge, Trichy, to complete the execution proceedings in E.P.No.140 of 2020 in O.S.No.72 of 2018, pending on his file, within a period of three months from the date of receipt of a copy of this order.

5.With the above said directions, this civil revision petition is disposed of.

12.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The III Additional District Court, Trichy.

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 12.01.2024 4/4