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Madras High CourtCRP(MD)/370/2023allowed

S.Muthupandi v. K.Muthukumaran

2023-02-15Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR S.Muthupandi ... Petitioner/Decree Holder/ Plaintiff Vs.

M.K.Muthukumaran ... Respondent/Judgement Debtor/ Defendant PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned VI Additional District Court, Madurai to expedite the disposal of the Execution Petition No.86 of 2022 in O.S.No.298 of 2018.

For Petitioner : Mr.C.Mayilvahana Rajendran

ORDER

The present revision petition has been filed seeking early disposal of E.P.No.86 of 2022 in O.S.No.298 of 2018.

2. The petitioner herein is the money decree holder in O.S.No.298 of 2018 on the file of VI Additional District Court, Madurai. The 1/4

petitioner had filed an execution application to attach the properties and auction them to realize the decree amount. According to the learned counsel appearing for the petitioner, the respondent/judgment debtor has entered appearance in the execution proceedings and the matter has been adjourned for filing counter. The B-Diary extract also indicates that for filing vakalat, several adjournments have been taken on the side of the judgment debtor.

3. Considering the fact that the money decree is a contested one and execution petition is pending from 2022 onwards, this Court is inclined to issue a direction to expedite the disposal of E.P.No.86 of 2022 on the file of the VI Additional District Court, Madurai and the same shall be disposed on or before 30.11.2023.

4. With the above said observations, this Civil Revision Petition stands allowed. No costs.

15.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 2/4

To 1.The VI Additional District, Madurai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

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