Thiruppathur Varthaga Sangam, v. Maragatham (Died), 1. Pandiselvi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Thiruppathur Varthaga Sangam Through its President, SRC Lakshmanan, Lena Pathirakadai, North Car Street, Thiruppathur Town and Taluk ... Petitioner in both CRPs Vs Maragatham (died) 1.Pandiselvi 2.Pandithurai 3.Muthalazhu Pandi 4.Thangapandi ... Respondents in CRP(MD)No.2071 of 2022 1.Agorikhan Masthan Pallivasal, represented through its Administrator and Priest, Mr.Mohammad Ali 2.Pandiselvi 3.Pandithurai 4.Muthalazhu Pandi 5.Thangapandi ... Respondents in CRP(MD)No.2072 of 2022 1/5
PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India, to direct the District Munsif cum Judicial Magistrate, Thriuppathur to dispose of EP.No.80 of 2014 and EA.No.4 of 2021 in EP.No.80 of 2014 in OS.No.88 of 1999 within a time frame stipulated by this Court.
For Petitioner :Mr.G.Mohan Kumar For Respondent :Mr.C.M.Arumugam R4 in CRP(MD)No.2071 of 2022 & R5 in CRP(MD)No.2072 of 2022 : No representation for R1-R3 in CRP(MD)No.2071 of 2022 R1-R4 in CRP(MD)No.2071 of 2022
ORDER
These civil revision petitions are filed by the decree holder in OS.No.80 of 1999 for a direction to the District Munsif cum Judicial Magistrate, Thriuppathur to dispose of EP.No.80 of 2014 and EA.No.4 of 2021 in EP.No.80 of 2014 in OS.No.88 of 1999 within a time frame fixed by this Court.
2.The learned Counsel for the petitioner submits that the above suit was filed by the petitioner for a relief of 2/5
ejectment and the same was decreed on 30.04.2014. The first appeal and the second appeal preferred by the defendants were dismissed. While so execution proceedings in EP.No.80 of 2014 were initiated. In the said execution proceedings, the first respondent in CRP(MD)No.2072 of 2022 has filed an application in EA.No.4 of 2021 claiming title over the property and this application was also filed in the year 2021. Therefore, this civil revision petitions are filed with the above prayer.
3.Though notice were served, no representation for the respondents except Thangapandi and the learned Counsel appearing for the said respondent seeks time. 4.Considering the suit is filed in the year 1999, it was decreed on 30.04.2014, EP.No.80 of 2014 was filed in the year 2014, the first appeal and the second appeal filed as against the judgment and decree passed in OS.No.88 of 1999 were also dismissed, this Court directs the learned District Munsif cum Judicial Magistrate, Thiruppathur to dispose of E.A.No.4 of 2021 within a period of two weeks from the date of receipt of a copy of this 3/5
order and to dispose of E.P.No.80 of 2014 within a period four months therefrom.
5.This civil revision petition is dispose of accordingly. No costs.
02.11.2022 dsk To The District Munsif cum Judicial Magistrate, Thriuppathur.
4/5
B.PUGALENDHI, J.
dsk 02.11.2022 5/5