Madras High CourtCRP(MD)/731/2017allowed

R.Subramani v. G.Nagammal

2018-01-10Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P(MD)(PD)No.731 of 2017 R.Subramani ... Petitioner/Plaintiff Vs.

1.G.Nagammal 2.J.Uma maheswari 3.G.Amutha 4.G.Vairaprakash ... Respondents/Defendants Prayer : Civil Revision Petition is filed Under Article 227 of the Constitution of India to direct the learned District Munsif Court, Sattur to expedite E.P.No.7 of 2011 in O.S.No.101 of 2008, in accordance with law within the time that may be stipulated by this Court and pass any other appropriate relief as this Court may deem fit and proper in the nature and circumstances of the case and thus render justice.

For Petitioner : Mr.M.Siddharthan

ORDER

This revision petition is filed to direct the District Munsif Court, Sattur, to expedite the proceedings in E.P.No.7 of 2011 in O.S.No.101 of 2008, in accordance with law within the time stipulated.

2.The grievance of the revision petitioner is that even after the disposal of the Section 47 of CPC application filed by the Judgement debtors for want specific findings by this Court in CRP.No.1375 of 2014 dated 08.12.2014, the Judgement debtors have filed another application E.A.No.40 of 2015 to re-open and examine certain witnesses, just to drag on the proceedings. 3.Heard the learned counsel for the revision petitioner and perused the documents filed in support of the revision petition. 4.As the decree was passed on 25.10.2010 and pending for execution for nearly 7 years, it is suffice to direct the Execution Court to expedite the proceedings as early as possible https://hcservices.ecourts.gov.in/hcservices/

and dispose it without any further delay. If the parties indulge in delaying tactics, the Court below can invoke Section 35(B) of CPC. The Execution Court shall dispose of the proceedings at the earliest in any event not later than September 2017. 5.With the above directions this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To The District Munsif, Sattur, Viruthunagar District.

+ 1 CC TO Mr.M.SIDDHARTHAN, ADVOCATE IN SR No. 19910 GK/MM TE/SV-MMS/SAR-III : 26/04/2017 : 2P/3C ORDER MADE IN C.R.P(MD)(PD)No.731 of 2017 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/