J.Udhaya Kumar v. Mokkamayan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY J.Udhaya Kumanr ... Petitioner vs Mokkamayan ... Respondent PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Fast Track Court, Theni, to dispose of the Execution Petition in E.P.No.101 of 2023 in O.S.No.54 of 2016 pending therein within the time fixed by this Court.

For Petitioner : Mr.H.Arumugam 1/4

ORDER

The Civil Revision petition is filed by the plaintiff seeking direction to the Additional District Court (Fast Track Court) Theni, to dispose of the Execution Petition in E.P.No.101 of 2023 in O.S.No.54 of 2016.

2. The plaintiff in the suit is the revision petitioner herein and the defendant in the suit is the respondent herein. For the sake of convenience, the parties shall be referred to as plaintiff and defendant as per the ranking in the suit.

3. The plaintiff had filed a suit in O.S.No.54 of 2016 for recovery of advance amount of Rs.20,00,000/- and the suit was decreed. Against the same, the defendant had filed an appeal in A.S.No.55 of 2019 and the same was dismissed. Thereafter, the plaintiff has filed E.P. No.101 of 2023 in O.S.No.54 of 2016. As on date, the Decree and Judgment passed in O.S.No.54 of 2016 has attained finality. Hence, the EP ought to be disposed at earliest. The EP was filed in the year 2023 and the stage of the EP is as on date the defendant has not filed counter. 2/4

4. Considering the facts of the case, this Civil Revision is disposed of with direction to the Additional District Court (Fast Track Court) Theni, to dispose the E.P. No.101 of 2023 in O.S.No.54 of 2016, within a period of one year from the date of receipt of a copy of this Order. No Costs. 28.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes KSA To

1. The Fast Track Court, Theni.

2.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA 28.10.2024 4/4