Madras High CourtCRP(MD)/790/2020disposed of

B.S.Murugan v. Saroja Thirumal

2020-11-03Honourable Mr Justice M. Govindaraj2 pages

C.R.P(MD).No.790 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2020

CORAM

THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P(MD).No.790 of 2020 B.S. Murugan ... Petitioner/ 3rd Party Auction Purchaser Vs.

1. Saroja Thirumal 2.T.S. Unni Sankar 3.T.S. Susi Priya 4.Lalithambiga ... Respondents/Judgments Debtors Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Subordinate Judge, Nagercoil, to expedite and complete the application in E.A.No.97 of 2009 in O.S.No. 122 of 2005 within the time frame stipulated by this Court.

For Petitioner ...

Mr.M.P. Senthil

ORDER

Aggrieved over the long pendency of the Execution Application in E.A.No.97 of 2009 in O.S.No. 122 of 2005, on the file of the Sub Court, Nagercoil, the petitioner is before this Court.

2. Heard the learned counsel appearing for the petitioner. Since the case is for a limited relief of early disposal, no notice need be sent to the respondents.

3. According to the petitioner, he is a auction purchaser in the execution proceeding. Even though, he purchased the property, the delivery was not made over to him. Therefore, he seeks a direction to direct the Executing Court to dispose of the above said Execution Application filed by him.

4. Considering the long pendency of Execution Application from the year 2009, without going into the merits of the case, this Court directs the executing Court viz., Sub Court, Nagercoil, to dispose of E.A.No. 97 of 2009 in O.S.No. 122 of 2005, within a period of two months from the date of receipt of a copy of this order, after giving an opportunity of hearing to all the parties, in accordance with law.

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C.R.P(MD).No.790 of 2020

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Subordinate Judge, Nagercoil.

+1 CC to Mr.M.P. SENTHIL, Advocate ( SR-20919[F] dated 03/11/2020 ) C.R.P(MD).No.790 of 2020 03.11.2020 VB (10.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2