Madras High CourtCRP(MD)/1860/2019disposed of

A/M.Dhandayuthapaniswamy Temple v. Sethu Pandram(Died)

2019-10-18Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Arulmigu Dhandayuthapaniswamy Temple, Nethaji Road, Madurai through its Executive Officer, Arulmigu Koodal Alagar Koil, Madurai.

... Revision Petitioner/ Petitioner/Plaintiff Vs.

Sethu Pandaram (died) 1.Ramalingam Pappathiammal (died) 2.Chellappa 3.Karuppiah 4.A.V.karuppiah 5.Maruthaiah Pillai T.Mani(died) 6.Nagabai Ammal 7.Mahaveer Cut Piece Centre, 180, West Masi Street, Madurai -1, Through its proprietor 8.Sri Dhanalakshmi Enterprises, 181, Dindigul Road, Madurai.

9.Tiruppur Cut Piece centre 183 Dindigul Road, Madurai Through its proprietor 10.Saraswathy Stores, 184, Dindigul Road, Madurai, Through its Proprietor,

11. TES Medicials, 184, Dindigul Road, Madurai, Through its Proprietor, 12.Shenbgam 13.Muthuraja 14.Sri Meenaksi Sundareswarar Utsava, Sarvajana Sahaya Trust, through its Trustee, 1/4

128, West Masi Street, Madurai.

15.PKP.Muthusadayapillai 16.C.Rajendran 17.T.S.Siddhi Basheer Beevi 18.M/s.Khaliq Authomobiles 15-A, North Veli Street, Madurai -1.

19.R.Chandra 20.R.Ramesh 21.R.Venkatesan 22.Ramalakshmi Ammal 23.V.Saraswathiammal 24.T.Govind Singh 25.Siddhi Fancy Stroes, 181, Nethaji Road, Madurai-1.

26.Pushparaj Shaji 27.A.Lalitha Shaji 28.S.Rajalingam 29.S.Sundaralingam 30.S.Amirthalingam 31.S.Jambulingam 32.S.Kannalingam 33.S.Maheswari 34.S.Parameswari 35.S.Jegatheeswari 36.V.A.M.Kathistha Fathima 37.V.A.M. Khadar Abdul Khadar 38.V.A.M.Siddhi Habeeba 39.V.A.M.Ahamed Bukhari 40.M.Palaniammal 41.K.Revathy 42.T.M.Sivakumar 43.S.Rajeswari ... Respondents/Defendants PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India seeking direction to dispose of E.P.No.31 of 2007 in O.S.No.534 of 1984 on the file of I Additional Subordinate Judge, Madurai, within a time frame fixed by this Court.

For Petitioner : Mr. S. Manohar

ORDER

This Civil Revision Petition has been filed for issuing a direction to the learned I Additional Subordinate Judge, Madurai, to dispose of E.P.No.31 of 2007 in O.S.No.534 of 1984, pending on its file within a time frame to be fixed by this Court. 2/4

2. The revision petitioner, who is the plaintiff, has filed a suit in O.S.No.584 of 1984, on the file of the learned I Additional Subordinate Judge, Madurai, for eviction and the same has been decreed. Thereafter, the petitioner has filed E.P.No.31 of 2007 for delivery of possession. The said Execution Petition is pending for the past 12 years without any progress. Therefore, the petitioner has come out with the present Civil Revision Petition.

3. In view of the Judicial Notification No.C-5 CAS/2007, Tamil Nadu (Case Flow Management in Subordinate Courts) Rules, 2007, dated 23.11.2017, based on the order passed by the Hon'ble Supreme Court in W.P(Civil).No. 496 of 2002, (Salem Advocates Bar Association, Tamil Nadu Vs. Union of India), the learned counsel contended that Execution Petition must be disposed of within a period of 12 months from the date of filing.

4. In view of the limited relief sought for by the petitioner and considering the fact that no prejudice would be caused to the respondent by ordering this petition, this Court is of the view that notice need not be sent to the respondents.

5. Considering the facts and circumstances of the case and also the submission made by the learned counsel appearing for the petitioner and the judicial Judicial Notification No.C-5 CAS/2007, Tamil Nadu (Case Flow Management in Subordinate Courts) Rules, 2007, dated 23.11.2017, this Court is inclined to issue a direction to the Court below to dispose of the said Execution Petition within a time frame.

6. Accordingly, the learned I Additional Subordinate Judge, Madurai, is hereby directed to dispose of E.P.No.31 of 2007 in O.S.No.534 of 1984 pending on its file as expeditiously as possible, in any event, not later than three months from the date of receipt of a copy of this order.

This Civil Revision petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 3/4

trp To The I Additional Subordinate Judge, Madurai. +1 CC to M/s.S.MANOHAR, Advocate ( SR-93447[F] dated 22/10/2019 ) 18.10.2019 KM/(04.11.2019) 4P 3C 4/4