Ramkumar v. Vinsent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 26.02.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Ramkumar : Petitioner/Petitioner/ Plaintiff Vs.

Vinsent : Respondent/Respondent/ Defendant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Sub Judge, Tirunelveli to dispose of the petition in E.P.No.112 of 2021 in O.S.No.376 of 2018 on the file of the Principal Sub Court, Tirunelveli within a time fixed by this Court.

For Petitioner : Mr.N.Pragalathan

ORDER

The Civil Revision Petition has been filed seeking orders to dispose of the petition in E.P.No.112 of 2021 in O.S.No.376 of 2018 on the file of the Principal Sub Court, Tirunelveli.

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2. It is seen from the records that the decree holder has laid the execution petition for executing the order dated 18.07.2019 and the same was taken on file in E.P.No.112 of 2021. The respondent has entered into appearance and since he has not filed the counter statement, he was set ex-parte; that subsequently after recording the evidence of judgment debtor, the Executing Court has passed an order of arrest, dated 22.09.2022 and that subsequently, the case was pending for payment of arrest batta and for rearrest. Since the Executing Court has passed the final order of arrest, the question of directing the Executing Court to dispose of the execution petition at an early date does not arise at all. Hence, the Civil Revision Petition is devoid of merits and the same is liable to be dismissed.

3. In the result, the Civil Revision Petition is dismissed. No costs. 26.02.2024 NCC :yes/No Index :yes/No Internet:yes/No das 2/4

To 1.The Principal Sub Judge, Tirunelveli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

DAS Order made in Dated : 26.02.2024 4/4