Madras High CourtCRP(MD)/2099/2021allowed

Na.La.Lakshmanan Chettiar (Died),L.Narayanan v. R.Chinnaiah

2021-12-23Honourable Ms. Justice P.T. Asha2 pages

C.R.P(MD) No.2099 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2021

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P (MD)No.2099 of 2021 Na.La.Lakshmanan Chettiar (Died) 1.L.Narayanan 2.L.Somasundaram 3.L.Lakshmanan 4.L.Ramanathan ... Petitioners (1 to 4 Petitioners are Rep. through their Power agent RM.Subramanian) Vs.

1.R.Chinnaiah 2.A.Chinaiah 3.A.Pillappan 4.V.Murugesan @ Pambu 5.N.Bagrudhin 6.M.Nagarajan 7.S.Nallathambi 8.Nagalingam 9.K.Kumar 10.M.Parthasarathy 11.M.Dhanabalan 12.A.Pratapsing ... Respondents PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the District Munsif Cum Judicial Magistrate Court, Thirumayam, to dispose of E.A.No.2 of 2020 in E.A.No.21 of 2003 in E.P.No.5 of 2001 in O.S.No.85 of 1985 within the time frame fixed by this Court.

For Petitioners : Mr.N.Marimuthu for Mr.D.Parisuthanathan

ORDER

The revision petitioners have filed the above civil revision petition seeking expeditious disposal of E.A.No.2 of 2020 in E.A.No.21 of 2003 in E.P.No. 5 of 2001 pending on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam. 2.This is a rather unfortunate case where the plaintiff, who has obtained a decree as early in the year 1985, is yet to enjoy the fruits of the decree. The decree in question has been confirmed right up to this Court in S.A.No.1530 of 1988. The present application has been filed by the petitioners for removing the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD) No.2099 of 2021 obstruction caused by the respondents in the property for the enjoyment of the decree holders. The B-diary extracts would show that the matter is pending from 04.07.2020 and the matter is being adjourned for enquiry from 15.07.2021. The execution application is next posted on 21.12.2021.

3.In these circumstances, the learned District Munsif cum Judicial Magistrate, Thirumayam, is directed to dispose of the application in E.A.No.2 of 2020 on or before 15.02.2022. The learned Judge shall not insist upon the order being received from this Court, but shall proceed with the case once the order copy is produced by the petitioners herein.

4.With the above direction, this civil revision petition is allowed. No costs.

Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) cp Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- The District Munsif Cum Judicial Magistrate, Thirumayam.

+1 CC to M/s.D.PARISUTHANATHAN, Advocate ( SR-40117[F] dated 23/12/2021 ) C.R.P (MD)No.2099 of 2021 ac(CO) TR(03.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2