Kanaram Choudhry v. S.Geetha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.2944 of 2024 Kanaram Choudhry ... Petitioner / Plaintiff Vs 1.S.Geetha ... 1st Respondent 2.R.Iyyappan ... 2nd Respondent / Judgment Debtor /Defendant Prayer : This Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned 1st Additional Subordinate Judge, Nagercoil, Kanyakumari District, to dispose E.A.No.3 of 2024 in E.P.No.108 of 2023 as well as the E.P.No.108/2023 in O.S.No.284 of 2021 in a speedy manner within a time frame as fixed by this Court. C.R.P(MD)No.2945 of 2024 Kanaram Choudhry ... Petitioner / Plaintiff Vs 1/5

1.S.Boothalingam ... 1st Respondent 2.R.Iyyappan ... 2nd Respondent / Judgment Debtor /Defendant Prayer : This Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned 1st Additional Subordinate Judge, Nagercoil, Kanyakumari District, to dispose E.A.No.4 of 2024 in E.P.No.108 of 2023 as well as the E.P.No.108/2023 in O.S.No.284 of 2021 in a speedy manner within a time frame as fixed by this Court. C.R.P(MD)No.2946 of 2024 Kanaram Choudhry ... Petitioner / Plaintiff Vs 1.A.Aruldhas ... 1st Respondent 2.R.Iyyappan ... 2nd Respondent / Judgment Debtor /Defendant Prayer : This Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned 1st Additional Subordinate Judge, Nagercoil, Kanyakumari District, to dispose E.A.No.5 of 2024 in E.P.No.108 of 2023 as well as the E.P.No.108/2023 in O.S.No.284 of 2021 in a speedy manner within a time frame as fixed by this Court. For Petitioner : Mr.D.Saravanan (in all CRPs) 2/5

ORDER

These Civil Revision Petitions are filed to direct the learned 1st Additional Subordinate Judge, Nagercoil, Kanyakumari District, to dispose E.A.Nos.3,4 and 5 of 2024 in E.P.No.108 of 2023 as well as the E.P.No.108/2023 in O.S.No.284 of 2021 in a speedy manner.

2. It is seen that E.A.Nos.3, 4 and 5 of 2024 are pending before the Execution Court namely I Additional Subordinate Judge, Nagercoil. The grievance of the petitioner is that inspite of the fact that the decree was passed as early as on 02.01.2023, after that the revision petitioner filed E.P.No.108 of 2023 before the Execution Court for execution of the decree, pending the execution petition, E.A.Nos.3, 4 and 5 of 2024 were filed by the respondents herein which are stated to be pending.

3. Eventhough no direction can be issued to the Execution Court to dispose the matter within a particular time period, since the suit is of the year 2021 and the execution petition is filed in the year 2023, there shall be a direction to the learned I Additional Subordinate Judge, Nagercoil, Kanyakumari District, to dispose of the E.A.Nos.3, 4 and 5 of 2024, at the earliest.

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4. With the above direction, these Civil Revision Petitions are disposed of. No costs.

25.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The I Additional Subordinate Judge, Nagercoil, Kanyakumari District. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN 25.11.2024 5/5