Sunanda, D/O.Thulasi Bai, v. Ponnaiah Nadar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.11.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.R.P(PD)(MD)No.2512 of 2015 1.Sunanda 2.Sunitha 3.Krishnan Nair .. Petitioners/Plaintiffs Vs.
1.Ponnaian Nadar 2.Sundaram Nadar 3.Kolappan Nadar 4.Sarojini Amma 5.Lekshmanan Nadar 6.Madhavankutty 7.Anandavalli Amma 8.Nagamony Nadar 9.Selvarajan 10.Rajan 11.Santhakumari 12.Ajitha 13.Viju 14.Dhas 15.Kanaka Raj 16.Sreenivasan 17.Nagamony 18.Gopalakrishnan 19.Muthukumar 20.Naryanan 21.Subramanian 22.Arumugham 23.Chandrakumar 24.Saraswathy 25.Parameswaran 26.Velayudhan 27.Manikandan 28.Sreedevan 29.Sundaramony 30.Rajan 31.Ummal Beevi 32.Shahul Hameed 33.Chellaswamy 34.Thankaswamy 35.Ponnuswamy Nadar 36.Retnaswamy 37Murugan 38.Gopalakrishnan 39.Sundaran
40.Sumathi 41.Mohan 42.Murali 43.Anand 44.Syamalakumari 45.Anitha 46.Beena 47.Sindhu 48.Deepa 49.Rajasekar 50.Chandra Giri 51.Viju 52.Jegan 53.Suja 54.Anand 55.Mohan 56.Murali 57.Indira 58.Sumathi 59.Chellathankam .. Respondents/Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif, Kuzhithurai to dispose of E.P.No.87 of 2007 in O.S.No.642 of 1969 on its file within a time to be fixed by this Court. For Petitioners : Mr.K.N.Thampi
ORDER
Invoking the provisions of Article 227 of the Constitution of India. This revision petition is filed by the petitioners 1 to 3, who are the plaintiffs in the suit in O.S.No.642 of 1969 seeking a direction to the Principal District Munsif, Kuzhithurai to dispose the execution petition in E.P.No.87 of 2007 in O.S.No.642 of 1969 within the time frame that may be fixed by this Court.
2.Heard Mr.K.N.Thampi, learned counsel appearing for the petitioners and perused the averments of the grounds of the Civil Revision Petition. 3.It is manifest from the records that the petitioners have filed a suit in O.S.No.642 of 1969 on the file of the Principal District Munsif, Kuzhithurai at Kanyakumari District as against the respondents for redemption. In that suit, final decree was passed on 17.01.1979 in I.A.No.822 of 1978. Thereafter, the petitioners on the strength of the final decree had taken out an execution proceedings in E.P.No.87 of 2007 on the file of the Court of first instance. However, that execution petition, for one reason or other, had been adjourned periodically from the year 2007 till today, without any progress. It is to be noted that the preliminary decree was passed as early as in the year 1979 that is on 17.
01.1979. But, till today, the decree holders, who are the petitioners herein are not able to get the benefit of the decree and therefore, they have approached this Court by way of this Civil Revision Petition seeking a direction to the learned Principal District Munsif, Kuzhithurai to expedite the execution petition.
4.The submission made by the learned counsel for the petitioners is considered by this Court and the Court also perused the averments of the grounds of the Civil Revision Petition.
5.Having regard to all the relative facts and circumstances, this Court finds that this civil revision petition deserves to be allowed and a direction may also be issued as sought for by the petitioners. 6.Accordingly, the Civil Revision Petition is allowed. The learned Principal District Munsif, Kuzhithurai is hereby directed to dispose the execution petition in E.P.No.87 f 2007 in O.S.No.642 of 1969 within a period of two months from the date of receipt of a copy of this order, without loss of further time and he is also directed to bestow his personal attention to dispose of the E.P., as stated supra, as it is a long pending matter. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.
To The Principal District Munsif, Kuzhithurai.
+1cc to M/S.K.N.Thampi, Advocate in SR.No. 67264 TS/15.12.2015/3P-3C/NGM-SS C.R.P (PD)(MD)No.2512 of 2015 25.11.2015