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Madras High CourtCRP(MD)/938/2017disposed of

Indirani v. Kaliyamoorthy

2017-04-26Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2017

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P(MD)No.938 of 2017 1.Indirani 2.Saminathan 3.Saravanan 4.Kumar 5.Siva 6.Malathi .. Petitioners 6 to 11 /Defendants Vs.

Kaliyamoorthy .. Respondent/Plaintiff Prayer: This Civil Revision Petition is filed under Section 227 of the Constitution of India to direct the learned V Additional District Munsif Kumbakonam to dispose the Execution proceedings in E.P.No.137 of 2009 in O.S.No.336 of 2004 on the file of the V Additional District Munsif Kumbakonam within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.G.Gomathi Sankar *****

ORDER

The Civil Revision Petition is filed to dispose the Execution proceedings in E.P.No.137 of 2009 in O.S.No.336 of 2004 on the file of the V Additional District Munsif, Kumbakonam. 2.The revision petitioners / defendants 6 to 11 in O.S.No.336 of 2004 have obtained a favourable decree in their counter claim and has sought for execution of that in E.P.No.137 of 2009. The grievance of the revision petitioners is that in spite of getting a favourable decree in O.S.No.336 of 2004, the judgment itself is delaying the process of execution. The Execution Court has granted enough adjournments at the request of the respondents. In spite of that, they are not ready to get along with the Execution Application No.13 of 2015 which is pending nearly two years. The extracts fortify the submissions made by the learned counsel for the revision petitioner. The Execution Court is hereby directed to take up the E.P.No.137 of 2009 on daily basis and dispose it of on merits within a period of sixty days and report to this Court about the status by 21.08.2017.

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3.Accordingly, this Civil Revision Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar TO The Additional District Munsif, Kumbakonam.

+1cc to Mr.G.Gomathisankar,Advocate,SR.54545 C.R.P(MD)No.938 of 2017 26.04.2017 GNS/MR kk/MMS/SAR3-16.05.2017-2P-3C https://hcservices.ecourts.gov.in/hcservices/