Madras High CourtCRP(MD)/673/2015disposed of

L.Arokkia Doss, v. M.Kamaraj,

2015-03-31Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2015

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.R.P.(MD).No.673 of 2015(PD) L.Arokkia Doss ... Revision Petitioner/Auction Purchaser vs.

1.M.Kamaraj ..1s Respondent/Plaintiff 2.Viswanath 3.B.Nataraj ... Respondents 2&3/Defendants PRAYER: This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the I Additional District Court, Madurai to dispose the E.A.No.1 of 2012 in E.P.No.4 of 2010 in O.S.No.240 of 2004 on the file of the I Additional District Court, Madurai in a strict manner within a stipulated time as directed by this Court.

For Petitioner : Mr.C.Vakeeswaran

O R D E R

The Court auction purchaser in E.P.No.4 of 2010 in O.S.No.240 of 2004 on the file of the I Additional District Court, Madurai, is the revision petitioner, seeking early disposal of E.A.No.1 of 2012 in the above proceedings.

2.According to the revision petitioner, the property was brought to sale and he was a successful purchaser and the sale was confirmed and sale certificate was also issued and E.P was also terminated on 22.08.2011.

3.Now, E.A.No.1 of 2012 is filed for delivery of possession, which has been adjourned time and again and there are other E.As filed by the objector. In those application also auction purchaser has filed his counter and no order has been passed in the same. Therefore, the learned counsel for the petitioner seeks a direction from this Court for speedy disposal of the application along with E.A.No.1 of 2012.

4.The revision petitioner submits that once E.P itself was terminated, the claim petitions are not maintainable. 5.Considering the facts and circumstances of the case and also considering the fact that the sale certificate was issued and application for delivery is filed in the year 2012, this Court is inclined to direct the I Additional District Court, Madurai, to dispose of the E.A.No.1 of 2012 within a period of three months from today and report compliance to this Court. https://hcservices.ecourts.gov.in/hcservices/

With the above direction, the civil revision petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The I Additional District Judge, Madurai.

+One cc to M/s.C.Vakeeswaran, Advocate, SR.No.16075 Ns RL/3 c- 16/4/2015 C.R.P.(MD).No.673 of 2015(PD) 31.03.2015 https://hcservices.ecourts.gov.in/hcservices/