Madras High CourtCRP(MD)/1163/2016disposed of

Annakamu v. Unnamalai Pillai (Died)

2016-06-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(MD)No.1163 of 2016(PD) Annakamu .. Petitioner Vs.

Unnamalai Pillai (died) 1.Muthukrishnan 2.Ushan Rani 3.Karthi 4.Selvaraj 5.Rajeshwari 6.Selvarani .. Respondents Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Vedasandur to expedite the disposal of E.P.No.6 of 2013 in O.S.No.12 of 2012 and to pass final order within a period fixed by this Court. For Petitioner : Mr.K.Vidya

ORDER

This revision is filed for a direction to the learned Subordinate Judge, Vedasandur to dispose of E.P.No.6 of 2013 in O.S.No.12 of 2012 in a time frame.

2. Heard the learned counsel for the petitioners as well as the respondents and perused the records.

3. Miss.K.Vidya, learned counsel appearing for the petitioner would submit that the petitioner instituted a suit in O.S.No.173 of 2006 against the respondent for specific performance of the agreement dated 24.07.2003. However, the Trial court decreed the suit only directing the respondents to return the advance amount of Rs.2,72,000/- along with the subsequent interest. Based on the decree the petitioner filed an execution petition in E.P.No.12 of 2012.

4. The learned counsel further submitted that the decree passed in the suit has attained finality, as both the parties have not filed any appeal. But the respondents, with a view to drag on the proceedings filing applications in the execution petition, one https://hcservices.ecourts.gov.in/hcservices/

after another and the execution petition is now posted for sale of the properties.

5. It is further contended that the delay in disposal causes serious prejudice to the interest of the petitioner.

6. Considering the above facts, the learned Subordinate Judge, Vedasandur is direct to dispose of E.P.No.6 of 2013 in O.S.No.12 of 2012 as expeditiously as possible preferably on or before 31.10.2016.

7. With the above direction, this Civil Revision Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, Vedasandur.

+ 1 CC TO M/S.J.LAWRANCE, ADVOCATE IN SR No. 30649/16 PJL TE/ARK-PV/ : 27/06/2016 : 2P/3C C.R.P(MD)No.1163 of 2016(PD) 15.06.2016 https://hcservices.ecourts.gov.in/hcservices/