Madras High CourtCRP(MD)/1705/2016disposed of

D.Ramarathinam Ammal (Died) v. K.Ganesan,

2016-09-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(MD)No.1705 of 2016(PD) D.Ramarathinam Ammal (died) M.Ramalakshmi .. Petitioner Vs.

1.K.Ganesan 2.K.Dhanapalan .. Respondents Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, seeking a direction to the Lower Court for speedy disposal of the petition in E.P.No.47 of 2014 in O.S.No.295 of 1987 on the file of the District Munsif Court, Sivagangai, within the time frame stipulated by this Court. For Petitioner : Mr.S. Natarajan

ORDER

This revision is filed seeking for a direction to the District Munsif Court, Sivagangai, to dispose of the Execution Petition in E.P.No.47 of 2014 in O.S.No.295 of 1987, within a time frame.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. Mr S.Natarajan, learned counsel for the petitioner would submit that the petitioner instituted a suit in the year 1987, against the respondents for declaration and recovery of possession and after trial, the suit came to be decreed on 15.02.1995. Although, the appeals preferred by the defendants have been dismissed, the petitioner is not able to enjoy the fruits of the decree.

4. The learned counsel for the petitioner would further submit that the execution petition was filed in the year 2013 and it was numbered only in the year 2014 and subsequently, it is being adjourned without any progress, which causes undue hardship and loss to the petitioner.

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5. Considering the submission of the learned counsel for the

petitioner and without going into the merits of the case, the learned District Munsif, Sivagangai, is directed to dispose of E.PNo.47 of 2014 in O.S.No.295 of 1987, as expeditiously as possible, preferably on or before 30.11.2016.

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

Sd/- Assistant Registrar (CS I) /True Copy/ Sub Assistant Registrar PJL To The District Munsif, Sivagangai.

+1 cc to Mr.S.Natarajan,Advocate, Sr.No: 49480 JAM/SKS-RR/SAR I/19.09.16/ 2P-3C C.R.P(MD)No.1705 of 2016(PD) 01.09.2016 https://hcservices.ecourts.gov.in/hcservices/