N. Annamalai Chettiyar v. Sp. Rm .L. Ramakrishnan Chettiyar (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN N.Annamalai Chettiyar

...Petitioner/Petitioner/

Plaintiff Vs.

SP.RM.L.Ramakrishnan Chettiyar (Died) L.R.M.K.L.Valliyammal Aachi (Died) 1.L.R.M.K.L.Ramakrishnan @ Kannan 2.RM.Ramakrishnan 3.R.Annamalai 4.R.Subramanian 5.L.RM.K.Subramanian 6.S.Ramanathan 7.S.Ramakrishnan 8.L.Valliyappan

...Respondents/Respondents/

Defendants PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to issue a direction to dispose of E.P.No.22 of 1/4

2021 in O.S.No.345 of 1989 pending on the file of the District Munsif Court, Sivagangai.

For Petitioner : Mr.N.Tamilmani

ORDER

The present Civil Revision Petition has been filed for a direction to the learned District Munsif, Sivagangai to dispose of E.P.No.22 of 2021 in O.S.No.345 of 1989.

2. The said suit appears to have been filed by the petitioner for a permanent injunction against the respondents/defendants and the suit came to be decreed on 30.04.1993.

3. Aggrieved by the same, one of the defendants appear to have taken up the issue and preferred an appeal in A.S.No.48 of 1983, which came to be dismissed on 28.02.1994. Further an appeal in S.A.No.893 of 1994 has been filed before this Court. After dismissal of S.A.No.893 of 1994 on 11.01.2021, the petitioner has filed E.P.No.22 of 2021.

4. The present Civil Revision Petition stands allowed at the time of admission after dispensing with notice on the respondents as no adverse 2/4

orders are proposed to be passed against the respondents by directing the learned District Munsif, Sivagangai to dispose of E.P.No.22 of 2021 in O.S.No.345 of 1989 subject to service of notice on all the respondents/defendants if notice has not already been served as expeditiously as possible within a period of three months from the date of service of notice on all the contesting respondents. However, while passing an order in the above E.P., the learned District Munsif, Sivagangai shall also examine the execution petition filed in the year 2021 in respect of the judgment and decree passed on 30.04.1993 was within the period of limitation under Article 136 of the Limitation Act, 1963. No costs.

27.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The learned District Munsif, Sivagangai.

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

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C.SARAVANAN ,J.

SN 27.06.2023 4/4