T.S.Muthiah (Died) M.Gomathi (Died) M.Kanthammal v. T.K.Sankar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.1243 of 2025 T.S.Muthiah (Died) M.Gomathi (Died) M.Kanthammal ... Petitioner/Petitioner/ 3rd Plaintiff Vs.

1. T.K.Sankar

2. T.K.Ganapathi Sundari

3. Lakshimi Kanchana

4. Murugavel

5. P.Mani

6. A.Meeran

7. Lakshmiammal

8. Vishalakshi

9. Somasundaram 1/5

10. Leelavathi ... Respondents/ Respondents/ Defendants 2 to 4, 7 to 9 and L.R of 6th Defendant PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Lower Court to dispose of the E.P.No.87 of 2019 filed on 03.10.2019 on the file of the Principal Subordinate Court, Tirunelveli, within a time frame fixed by this Court.

For Petitioner : Mr.R.J.Karthick

O R D E R

The third plaintiff in O.S.No.105 of 1984 on the file of the Principal Sub Court, Tirunelveli, has filed the present Civil Revision Petition seeking expeditious disposal of E.P.No.87 of 2019.

2. According to the learned counsel appearing for the revision petitioner, the above said suit has been filed for the relief of partition. During final decree proceedings, a compromise was entered into between the parties. On 30.03.1993, a compromise decree came to be passed. In order to execute the said compromise decree, E.P.No.87 of 2019 was filed. In the said execution petition, delivery was ordered on 20.01.2020. In the meantime, a 2/5

third party to the suit, who claims himself to be a tenant of the properties, had filed E.A No.3 of 2020 under Order 21 Rule 97 of C.P.C. Citing the pendency of the obstruction application, the delivery has not been effected in the present execution petition. In the light of the above said facts, the present Civil Revision Petition has been filed.

3. Considering the above said facts, the executing Court is directed to dispose of E.A.No.3 of 2020 on or before 31.08.2025 and thereafter, proceed to dispose of E.P.No.87 of 2019 on or before 30.11.2025.

4. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. 21.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Principal Sub Court, Tirunelveli.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

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