Madras High CourtCRP(MD)/813/2025disposed of

Joseph v. Perose Gandhi

2025-03-14Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(NPD)(MD)No.813 of 2025 Joseph ... Petitioner/Petitioner/ Plaintiff Vs.

Perose Gandhi ... Respondent/Respondent/ Defendant PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to pass a direction, directing the learned District Munsif, Srivaikuntam to expedite and dispose the application in E.P.No.35 of 2022 in O.S.No.132 of 2015 on the file of the learned District Munsif Court, Srivaikuntam, within the time frame stipulated by this Court.

For Petitioner : Mr.M.P.Senthil

O R D E R

The decree holder in O.S.No.132 of 2015 on the file of the learned District Munsif Court, Srivaikuntam, has filed the present Civil Revision Petition seeking expeditious disposal of E.P.No.35 of 2022. 1/4

2. According to the learned counsel appearing for the revision petitioner, the suit was filed for the relief of recovery of possession and the decree came to be passed on 16.03.2018. The defendant has filed A.S.No.171 of 2023, before the Sub Court, Srivaikuntam and the same was also dismissed on 29.02.2024.

3. In the meantime, the decree holder has filed E.P.No.35 of 2022 to execute the decree for recovery of possession.

4. A perusal of "B' diary extract reveals that the said execution proceedings has been adjourned from December 2022 onwards, even after filing of counter. It is further pointed out by the learned counsel appearing for the revision petitioner that so far second appeal has not been numbered by the defendant. However, it is being adjourned by the execution Court for production of stay order copy. Hence, the present Civil Revision Petition has been filed.

5. Considering the above said facts, the Executing Court is directed to dispose of E.P.No.35 of 2022 on or before 31.10.2025. 2/4

6. With the above said observation, this Civil Revision Petition stands disposed of. There shall be no order as to costs. 14.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The District Munsif Court, Srivaikuntam.

2. The Sub Court, Srivaikuntam.

3. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

ebsi C.R.P(NPD)(MD)No.813 of 2025 14.03.2025 4/4