Vetrivelrajan, v. Poomalai Chettiyar (Died), 1. Natarajan Chettiyar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR CRP(MD).No. 546 of 2023 Vetrivelrajan .. Petitioner/5th Petitioner/5th Plaintiff Vs.

PoomalaiChettiyar (died) 1.Natarajan Chettiyar 2.Namachivayam Chettiyar ChellamChettiyar (died) ManickamChettiyar (died) Sethuramalingam (died) Subramaniyam (died) 3.R.Pushbavalli ... Respondents 1 to 3/Respondents 1 to 10/Defendants 1 to 10 Krishnammal (died) 4.Rajendran 5.Chandran 6.Murugan 7.Mayil 8.Raja 9.Ganesan 10.Loga 11.Devi 12.Karpagam 13.Dhanalakshmi 14.Brindha 15.Kumar 16.Vadivel 17.Backyalakshmi 1/4

18.Bounammal 19.Kannan 20.Baby 21.Vijayalakshmi 22.Krishnaveni ... Respondents 4 to 22/Respondents 11 to 31 PoomalaiChettiyar (died) Kannan (died) 23.Nagammal 24.Saraswathi 25.Veeravel 26.Indirani ... Respondents 23 to 26/Respondents 5 to 7/Legal heirs of Plaintiffs 1 to 3 PRAYER : Revision Petition filed under Article 227 of the Constitution of India, to direct the District Munsif Court, Melur to expedite the delivery of the property made in E.P.No.44 of 2012 in O.S.No.149 of 2006 dated 09.11.2016 and conclude the same within a time stipulated by this Court.

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For Petitioners : Mr.M.Balakrishnan

ORDER

The present revision petition has been filed by the decreeholder to expedite E.P.No.44 of 2012 which was filed to execute the final decree proceedings in a partition suit.

2. A perusal of B-diary extract indicates that there are atleast 31 respondents in the final decree application and so many interlocutory 2/4

applications are pending which were filed on behalf of the purchasers to get themselves impleaded. Naturally, there is a delay in the disposal of the execution petition in view of number of parties who are likely to get impleaded as purchasers from the co-sharers.

3. Considering the fact that the final decree has been passed in the year 2012 and execution petition has been filed in the year 2012 itself and the same is pending for more than 10 years, the Executing Court/District Munsif, Melur, is directed to expedite the proceedings in E.P.No.44 of 2012 and dispose of the same on or before 31.12.2023.

4. With the above observation, the Civil Revision Petition stands allowed. No costs.

02.03.2023 Index :

Yes / No Internet :

Yes / No Rmk To The District Munsif Court, Melur.

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R.

VIJAYAKUMAR ,J., Rmk Order made in Dated:

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