K.Jothi v. R.Subramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.K.Jothi 2.P.Avudaimmal 3.S.Shanmugathai Ammal : Petitioners/Petitioners/Plaintiffs Vs.

1.R.Subramanian 2.R.Murugan 3.P.Kalyani 4.P.Uma Devi 5.P.Rajadurai : Respondents/Respondents/Defendants Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub Court, Sankarankovil to dispose of the petition in E.P.No.41 of 2023 in O.S.No.160 of 2014, dated 11.07.2018.

For Petitioners : Mr.G.Thalaimutharasu 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of petition in E.P.No.41 of 2023 in O.S.No.160 of 2014, dated 11.07.2018 pending on the file of the Sub Court, Sankarankovil.

2. The learned counsel for the petitioners would submit that the revision petitioners have filed a suit in O.S.No.160 of 2014 for partition; that the preliminary decree came to be passed on 11.07.2018 and the final decree came to be passed on 28.04.2022 and that they have filed an execution petition in E.P.No.41 of 2023 and the same is pending.

3. It is seen from the records and the 'B' diary that service is not yet completed.

4. Considering the facts and circumstances of the case, preliminary decree was passed on 11.07.2018 and final decree was passed on 28.04.2022, the Executing Court is directed to follow the directions of the Hon'ble Supreme Court and to proceed with the enquiry and dispose of the same within a period of three months from the date of receipt of copy of this order.

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5. With the above observation and direction, this Civil Revision Petition is disposed of. No costs.

07.12.2023 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The Sub Court, Sankarankovil.

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

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K.MURALI SHANKAR ,J.

das Order made in Dated : 07.12.2023 4/4