Madras High CourtCRP(MD)/2639/2017disposed of

Arusiya Thaika Trust, v. Dhanasekaran,

2018-01-03Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(NPD)(MD)Nos.2639 to 2646 of 2017 Arusiya Thaika Trust 15/200, Mela Theru, Keelakarai Town, Ramanathapuram District rep. by its Trustee T.M.A.Abdul Hameed, S/o.T.M.Abdul Haium .. Petitioner / Petitioner / Plaintiff in all Revision Petitions Vs.

Dhanasekaran ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2639/17 Chinnathambi ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2640/17 S.Raja ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2641/17 Maheswari ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2642/17 S.Subramania Nadar ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2643/17 Saravanan ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2644/17 Ravi @Raveendhiranatha Swamy ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2645/17 Ashokan ... Respondent / Respondent / Defendant in C.R.P.(NPD)(MD)Nos.2646/17 COMMON PRAYER:These Petitions are filed under Article 227 of the Constitution of India, to direct the District Judge, Ramanathapuram to dispose of the execution proceedings in EP.No.14 of 2017 in O.S.No.48 of 2012,EP.No.15 of 2017 in O.S.No.50 of 2012,EP No.16 of 2017 in OS No.51 of 2012,EP No.17 of 2017 in

O.s.NO.54 of 2012, E.P.No.19 of 2017 in O.s.No.57 of 2012,E.P.No.20 of 2017 in O.S.No.67 of 2012,E.P No.21 of 2017 in O.S.No.68 of 2012 and E.P.No.22 of 2017 in O.S.No.56 of 2012. For Petitioner : M/s.J.M.Hassanul Bazari ---- COMMON ORDER These Civil Revision Petitions have been filed seeking a direction to the District Judge, Ramanathapuram, to dispose of the execution proceedings, within a stipulated time as fixed by this Court.

2. Since the issue involved in all these Civil Revision Petitions is one and the same, these Civil Revision petitions are taken up together for hearing and are being disposed of by this common order.

3. The petitioner is the plaintiff in the suits and he filed the suits for the relief of ejectment and for recovery of damages for the use and occupation of the buildings and the same were allowed, against which, the respondent has filed first appeals on the file of Sub Court, Ramanathapuram and the same were also dismissed. Aggrieved over the same, second appeals were preferred by the respondents, before this Court and the same were also dismissed. Thereafter, the petitioner has filed the execution petitions, but, the respondent has not come forward to contest the same and in order to drag on the proceedings, without any valid reason, has sought for several adjournments and therefore, the petitioner has filed the present petitions seeking early disposal of the same.

4. Heard the learned Counsel for the petitioner and perused the materials available on record.

5. The prayer in these petitions itself is with a limited scope for speedy disposal of the execution petitions and therefore, no notice is necessary to the respondent.

6. Considering the facts and circumstances of these cases, this Court is of the view that ends of justice would be met, if a direction is issued to the trial Court, for speedy disposal of the said execution proceedings. Accordingly, having regard to the submissions made by the learned Counsel for the petitioner and also taking into consideration the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion with regard to the merits of the case, directs the learned District Judge, Ramanathapuram, to dispose of the execution proceedings in E.P.No.14 of 2017 in O.S.No.48 of

2012, E.P.No.15 of 2017 in O.S.No.50 of 2012, E.P.No.16 of 2017 in O.S.No.51 of 2012, E.P.No.17 of 2017 in O.S.No.54 of 2012, E.P.No.19 of 2017 in O.S.No.57 of 2012, E.P.No.20 of 2017 in O.S.No.67 of 2012, E.P.No.21 of 2017 in O.S.No.68 of 2012 and E.P.No.22 of 2017 in O.S.No.56 of 2012, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, these Civil Revision Petitions are disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To The District Judge, District Court, Ramanathapuram.

Copy to:

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

+1cc to M/s.J.M.HASSANUL BAZARI,Advocate,SR. 40260 C.R.P.(NPD)(MD)Nos.2639 to 03.01.2018 RM KK/SKN RSK/SAR 3/10.01.2018/ 3P- 5C/