Anwar Ali v. T.A.Jeyaraman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1.Anwar Ali 2.Abdul Hameed 3.Assan Mohammed ... Petitioners 1 to 3/ Respondents 2 to 4/ Respondents 6 to 8/ Petitioners 6 to 8/3rd parties Vs.

1.T.A.Jeyaraman ... 1st Respondent/Appellant/ Petitioner/Obstructor/3rd party 2.Julaika Bevi ... 2nd Respondent/1st respondent 5th Respondent/5th Petitioner/ 5th Petitioner 3.P.Kaliaperumal 4.Arumugam ... Respondents 3 & 4/ Respondents 5 & 6/ Respondents 9 & 11/ Respondents 1 & 3/ Respondents 1 & 3 5.Rabiyath Beevi ... 5th Respondent/ 7th Respondent/12th Respondent 4th Respondent/4th Respondent 6.Jahir Hussain 7.Mohammed Iqbal 1/5

8.Abdul Kadhar

...Respondents 6 to 8/

Respondents 8 to 10/ 3rd parties PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to allow the Civil Revision Petition and direct the Principal Sub-ordinate Court, Kumbakonam to dispose of the C.M.A.No.01/2017 in E.A.No.347/2000 in E.P.No.202 of 1990 in R.C.O.P.No.03 of 1983 on the file of the Principal Sub-Ordinate Court, Kumbakonam within a time limit fixed by this Honourable Court and render justice.

For Petitioner : Mr.P.T.S.Narendravasan

ORDER

This civil revision petition has been filed to direct the Principal Sub-ordinate Court, Kumbakonam to dispose of the C.M.A.No.01 of 2017 in E.A.No.347 of 2000 in E.P.No.202 of 1990 in R.C.O.P.No.03 of 1983 within a time limit fixed by this Court.

2. By order dated 28.04.2025, this Court in CRP(MD)No.1381 of 2025, had directed the Principal District Munsif Court, Kumbakonam to dispose of the E.A.No.196 of 2016 on or before 31.08.2025 and E.P.No.202 of 1990 on or before 31.10.2025.

2/5

3. When the proceedings were initiated, it came to the knowledge that as against the order passed in E.A.No.347 of 2000 in the very same E.P., a Civil Miscellaneous Appeal in C.M.A.No.1 of 2017 had been filed and the same is pending before the Principal Subordinate Court, Kumbakonam.

4. It has been repeatedly held by the Hon'ble Apex Court that Execution Proceedings should be concluded at the maximum within a period of 6 months from the date of initiation. In the present case, the Execution Petition has been filed as early as in the year 1990. It is unfortunate case that Execution Petition has been kept pending for more than 3 decades denying the fruits of the decree.

5. Considering that this Court is only granting a direction to the Appellate Court which is seized of C.M.A.No.1 of 2017, notice to the respondents shall stand dispensed with.

6. Accordingly, there shall be a direction to the Principal 3/5

Subordinate Court, Kumbakonam to dispose of C.M.A.No.1 of 2017 within a period of 8 weeks from the date of receipt of a copy of this order.

7. The civil revision petition stands disposed of. No costs. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn Note: Issue order copy on 15.09.2025 To 1.The Principal Sub-Ordinate Court, Kumbakonam 2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

K.KUMARESH BABU ,J.

4/5

SN 11.09.2025 5/5