Kazhugumalai Maruththuvar v. K.Murugan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 03.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.1883 of 2016 Kazhugumalai Maruthuvar Samudhaya Sangam, Through its President, Poomari .. Petitioner/Decree holder/Plaintiff -vsK.Murugan .. Respondent/Judgment Debtor/ Defendant PRAYER:- Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Kovilpatti, to dispose of the proceedings in E.P.No.30 of 2013 in O.S.No.60 of 2010 on its file, within a stipulated time fixed by this Court.

For Petitioner : Mr.G.Aravinthan For Respondent : Mr.S.Poornachandran

ORDER

The revision petitioner has filed the above Civil Revision Petition seeking a direction to the trial Court to dispose of the Execution Petition in E.P.No.30 of 2013 in O.S.No.60 of 2010 on the file of the learned District Munsif, Kovilpatti, within a stipulated time.

2.The petitioner is the plaintiff and the respondent is the defendant in the suit in O.S.No.60 of 2010 on the file of the learned District Munsif, Kovilpatti. The petitioner filed the said suit seeking for the relief of recovery of possession and also for recovery of rental arrears as against the respondent. After full-fledged trial, the suit came to be decreed on 12.10.2011. Against the decreetal order passed in O.S.No.60 of 2010, the respondent preferred an appeal in A.S.No.2 of 2012 on the file of the learned Sub Judge, Kovilpatti. The said appeal was dismissed on 31.07.2012. In the mean time, the petitioner filed an execution petition in E.P.No.30 of 2013 so as to execute the decree. From that date onwards, the said E.P.No.30 of 2013 is adjourned without any progress. Therefore, the petitioner has come up with the

present Civil Revision Petition for speedy disposal. 3.Heard the learned counsel appearing for the petitioner and the learned counsel for the respondent and perused the materials available on record.

4.Taking into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the learned District Munsif, Kovilpatti. Accordingly, this Civil Revision Petition is allowed and the learned District Munsif, Kovilpatti is directed to dispose of the Execution Petition in E.P.No.30 of 2013 in O.S.No.60 of 2010 as expeditiously as possible, in any event, not later than 30.04.2017. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The District Munsif, Kovilpatti.

+1cc to M/s.G.Aravinthan,Advocate,SR.6031 +1cc to M/s.M.Ponsenthilkumaran,Advocate,SR.6052 C.R.P(MD)No.1883 of 2016 03.02.2017 ps KK-cm-msa-03.02.2017-2p-4c