Paulraj v. Kanagaraj (Died) 1.Gurusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P(NPD)(MD)No.1837 of 2025 Paulraj ... Petitioner Vs.

Kanagaraj (Died) 1.Gurusamy 2.Sundari 3.Vallimayil 4.Selvi 5.Jeyalakshmi 6.Michel Raj 7.Jeyaprakash 8.Guru Nandhini 9.Ajith Kumar ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the District Munsif-cum-Judicial Magistrate Court, Kamuthi to dispose of the Execution Petition in E.P.No.1 of 2021 in O.S.No.32 of 2014 pending therein within time fixed by this Court by allowing this Civil Revision Petition.

For Petitioners : Mr.S.Packiya Muthu 1/5

ORDER

This Civil Revision Petition is filed seeking a direction to District Munsif-cum-Judicial Magistrate Court, Kamuthi to dispose of the Execution Petition in E.P.No.1 of 2021 in O.S.No.32 of 2014 as expeditiously within the time frame as may be fixed by this Court.

2.Since no adverse order is going to be passed as against the respondents, notice to the respondents is dispensed with.

3.The petitioner filed a suit in O.S.No.32 of 2014, on the file of the District Munsif Court, Kamuthi for recovery of possession stating that the suit schedule property is belonged to the respondents' father namely Kumaravel Nayakar. One Nagasamy has filed a suit for recovery of money against the respondents' father Kumaravel Nayakar in O.S.17 of 2001 and the same was decreed in favour of the said Nagasamy and he filed an execution petition in E.P.No.2 of 2008 for sale of suit schedule property and the same was attached and brought into Court auction sale on 3.11.2009 and the petitioner herein purchased the suit schedule property in the court auction and the sale certificate also issued in favour of the petitioner on 21.01.2011. Thereafter, the petitioner filed the present suit. The respondents contested the suti and the same was 2/5

dismissed on 27.03.2017. As against that the petitioner herein filed an appeal in A.S.No.112 of 2017 and the same was allowed on 04.11.2020. In the meantime, the petitioner filed E.P.No.1 of 2021 and the same is pending from the year 2021 without any progress. Hence, he seeks expeditious disposal of the Execution Petition.

4.Considering the limited request of the petitioner, this Court issues a direction to the learned District Munsif-cum-Judicial Magistrate Court, Kamuthi to dispose of the Execution Petition in E.P.No.1 of 2021 in O.S.No.32 of 2014 within a period of four months from the date of receipt of a copy of this order.

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

02.06.2025 Internet : Yes / No Index : Yes / No am 3/5

To 1.The District Munsif-cum-Judicial Magistrate Court, Kamuthi

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

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M.DHANDAPANI,J.

am C.R.P.(PD)(MD)No.1837 of 2025 04.07.2025 5/5