Madras High CourtCRP(MD)/3035/2023disposed of

Senthilmurugappan v. Palanivelu

2023-11-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

1. Senthilmurugappan

2. Ramanathan both are represented by their Mother and power agent Visalakshi achi ... Petitioners Vs.

Palanivelu ... Respondent Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif Court, Pudukkottai to expedite the execution proceedings in E.P.No.32 of 2022 in R.C.O.P.No.3 of 2018 within a time frame as may be stipulated by this Court.

For Petitioners : Mr.M.Mahaboob Athiff

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the execution proceedings in E.P.No.32 of 2022 in R.C.O.P.No.3 of 2018, pending on the file of the District Munsif Court, Pudukkottai, within a period stipulated by this Court.

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2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondent is not necessary.

3. The learned counsel appearing for the revision petitioners would submit that the revision petitioners have filed an eviction petition in R.C.O.P.No.3 of 2018 and after trial, eviction was ordered on 17.10.2022 and that subsequently, the revision petitioners/decree holder have laid an execution petition for delivery and the same is pending in E.P.No.32 of 2022 on the file of the District Munsif Court, Pudukkottai.

(*) "4. When the matter is taken up for hearing today, the learned counsel appearing for the revision petitioners would submit that the respondent/judgment debtor has already preferred an appeal in R.C.A.No.1 of 2023 before the Principal Subordinate Court, Pudukkottai and that the appeal is pending for arguments and stands posted on 11.01.2024.

5. Considering the submission made by the learned counsel appearing for the revision petitioners, the learned Principal Subordinate Judge, Pudukkottai, is hereby directed to hear the appeal in R.C.A.No.1 of 2023 and dispose of the same within a period of four (4) months from the date of receipt of copy of this order." 2/4

6. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.E) (*)Corrected as per the order of this Court dated.08.01.2024 in CRP(MD) No.3035 of 2023 Sd/- Assistant Registrar(A.E) // True Copy // /03/2024 Sub Assistant Registrar(CS ) csm To (*) To be Substituted to the order already despatched on 28/11/2023

1. The District Munsif , Pudukkottai.

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

+1 CC to M/s.MAHABOOB ATHIFF, Advocate ( SR-53794[F] dated 29/11/2023 ) 3/4

Dated : 28.11.2023 AMS/28.12.2023 4 P 5C SSA/11.03.2024 4 P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4