Madras High CourtCRP(MD)/1338/2022disposed of

N.L.Venkatachalam v. A.Rengasamy

2022-07-21Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI N.L.Venkatachalam ... Petitioner Vs 1.A.Rengasamy 2.D.Gunasekaran 3.D.Prabhakaran 4.D.Rajkumar 5.D.Sivakumar 6.D.Rajendrakumar 7.D.Selvakumar 8.M.Chinnthambi 9.A.L.Rengasamy 10.R.Ramesh 11.R.Selvam 12.A.Gopi @ Gopinath 13.G.Rajasekaran 14.G.Sivaraman 1/6

15.G.Selvaraj 16.R.Ashok Kumar 17.M.Kannika Parameswari 18.A.Arivalagan 19.S.Venkatesan 20.Pichaiammal 21.Prema 22.Tamil Selvi 23.Saraswathi ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Additional District Munsif Court, Srirangam, Tiruchirappalli District to dispose of E.P.NO.06 of 2021 in O.S.No.946 of 2004 on the file of the learned District Munsif Court, Srirangam, Tiruchirappalli District by allowing this civil revision petition.

For Petitioner : Mr.C.Balasubramanian For Respondent : No appearance 2/6

ORDER

This petition has been filed for a direction to the District Munsif, Srirangam to dispose of E.P.No.06 of 2021 in O.S.No.946 of 2004 within a stipulated time. 2.The learned Counsel for the petitioner submits that the petitioner filed the suit in O.S.No.946 of 2002 for declaration and permanent injunction. The suit was allowed. The respondents filed an appeal as against the same in A.S.No.106 of 2012 and the same was reversed.

The petitioner filed the second appeal in S.A.No.565 of 2013 before this Court and it was allowed in favour of the petitioners. Subsequently the petitioner initiated execution proceedings in E.P.No.06 of 2021 in O.S.No.946 of 2004 before the District Munsif, Srirangam. The petitioner got the decree in the year 2012 and this petitioner has been filed on the ground that now the EP proceedings are dragged on at the instance of the respondents. 3.The learned Counsel for the petitioner submits that the petitioner is the decree holder and the EP proceedings 3/6

in E.P.NO.06 of 2021 in O.S.No.946 of 2004 are initiated by the petitioner. However, the respondents are dragging on the proceedings and therefore, prays for speedy disposal of the EP proceedings.

4.Though the names of the respondents are printed in the cause list, there is no representation for the respondents.

5.The petitioner being a decree holder in O.S.No.946 of 2004 has filed EP.No.06 of 2021 and it is not yet concluded. He claims that the respondents one way or other interfere with the right of the petitioner. Therefore, the learned District Munsif, Srirangam is directed to dispose of E.P.No.06 of 2021 in O.S.No.946 of 2004 within a period of six months from the date of receipt of a copy of this order. No costs.

21.07.2022 dsk To The District Munsif, 4/6

Srirangam.

5/6

B.PUGALENDHI, J.

dsk 21.07.2022 6/6