Madras High CourtCRP(MD)/1895/2023disposed of

Govindhammal(Died) 1.M.Purusothammansamy v. Parthasarathy (Died) 2.Saroja (Died) 3.Jeyakajshmi (Died) 4.Venkatesa Naidu

2023-08-04Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Govindhammal(Died) 1.M.Purusothamman Samy ... Petitioner/Petitioner/ Plaintiff Vs.

1.Parthasarathy(Died) 2.Saroja(Died) 3.Jayalakshmi(Died) 4.Venkatesa Naidu 5.Vasudevan 6.Balan 7.Rengarajan 8.Anandan 9.Govindammal 10.Rukmani 11.Thangam @ Sellathammal 12.Kirupa 13.Rama 14.Kavitha ... Respondents/Respondents /Defendants Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned I Additional Subordinate Judge, Tiruchirapalli, to expeditiously dispose the E.P.No.220/2004 in O.S.No.93/1994 within a time frame fixed by this Court.

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For Petitioners :Mr.K.N.Guru

ORDER

This civil revision petition is filed for a direction to direct the learned I Additional Subordinate Judge, Tiruchirapalli, to dispose the E.P.No. 220/2004 in O.S.No.93/1994 within a time frame fixed by this Court. 2.According to the petitioner/Plaintiff, he filed a suit in O.S.No.93 of 1994 before the I Additional Subordinate Court, Trichy, for declaration to declare the suit schedule properties belongs to him and to evict the defendants 1, 2 and 4 and restraining them from collecting rent. The said suit was decreed on 03.09.2003. Pursuant to which, he filed a petition in E.P.No.220 of 2004 to execute the decree. The said petition is pending for the past 19 years without any progress. Hence, the present civil revision petition is filed.

3.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

4.The learned counsel appearing for the petitioner submitted that the only intention of the respondent is to drag on the proceedings in order to defeat the right of the petitioner. The trial Court adjourned the said petition 2/4

without any valid reason, and due to the pendency of the execution proceedings and as such, he is unable to enjoy the fruits of the decree within his life time.

5.Considering the facts and circumstances of the case, this Court directs the learned I Additional Subordinate Judge, Tiruchirapalli, to dispose the petition in E.P.No.220 of 2004, on merits and in accordance with law, as expeditiously as possible, without any unnecessary adjournment, after affording sufficient opportunities to the parties concerned to put-forth their contentions, within a period of eight months from the date of receipt of a copy of this order.

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

04.08.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No To 1.The I Additional Subordinate Judge, Tiruchirapalli, 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

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