Madras High CourtCRP(MD)/230/2017allowed

J.Roopa v. Habeeb Hussain

2017-02-03Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.230 of 2017 (NPD) J.Roopa ..Petitioner/Petitioner/2nd Petitioner Vs.

1.Habeeb Hussain 2.Abdul Rahim ..Respondents/Respondents/Respondents (1st Respondent remained ex-parte throughout the RCOP Proceedings and E.P. Proceedings hence first respondent is given up in this C.R.P) PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the Additional District Munsif, Madurai Town to dispose of the E.P.No.239 of 2013 in R.C.O.P.No.292 of 2002 within a specified period that this Hon'ble Court deem fit in the circumstances of the case.

For Petitioner : Mr. N.Vallinayagam

ORDER

The petitioner has filed this Civil Revision Petition to direct the Additional District Munsif, Madurai Town to dispose of the E.P.No.239 of 2013 in R.C.O.P.No.292 of 2002 within a specified period.

2.The petitioner filed R.C.O.P.No.292 of 2002 before the District Munsif, Madurai Town, against the respondent for eviction on the ground of willful default and in the said R.C.O.P., eviction was ordered on 10.11.2009. The petitioner filed E.P.No.239 of 2013 to execute the decree. Notice was ordered in the E.P., and the respondents were entered appearance. Subsequently, it was posted for enquiry. Subsequently, the E.P., is being adjourned, without any progress. In the circumstances, the petitioner has come out with the present Civil Revision Petition for early disposal of E.P.No.239 of 2013.

3.I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record. https://hcservices.ecourts.gov.in/hcservices/ 4.Having been taken into consideration of the material facts

and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the learned Additional District Munsif, Madurai Town.

5.Accordingly, this Civil Revision Petition is allowed and the learned Additional District Munsif, Madurai Town, is directed to dispose of E.P.No.239 of 2013 in R.C.O.P.No.292 of 2002 as expeditiously as possible, in any event, not later than, 30th June, 2017. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Additional District Munsif, Madurai Town.

+1 cc to Mr. N.VALLI NAYAGAM, ADVOCATE, SR NO.6223 am MAS/CM-MSA:22.02.2017:2P/3C C.R.P(MD)No.230 of 2017 (NPD) 03.02.2017 https://hcservices.ecourts.gov.in/hcservices/