Jain Melord vs N.Sunil

Citation : 2022 Latest Caselaw 15455 Mad
Judgement Date : 16 September, 2022

Madras High Court
Jain Melord vs N.Sunil on 16 September, 2022
                                                                                   CRP(MD)No.1383 of 2022

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      Dated: 16.09.2022

                                                           CORAM:

                                     THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                 CRP(MD)No.1383 of 2022

                Jain Melord
                                                                               ... Petitioner

                                                            Vs
                N.Sunil                                                       ... Respondent

                PRAYER: Civil Revision Petition is filed under Article 227
                of      the       Constitution        of   India,    to     direct    the   Additional
                District and Sessions Court, Padmanabhapuram, Kanyakumari
                District to expedite the execution proceedings in E.P.No.1
                of 2021 in O.S.No.12 of 2017 and dispose of the same within
                the time stipulated by this Court.


                                   For Petitioner           : Mr.R.Nandhakumar
                                   For Respondents          : Mr.S.C.Herold Singh


                                                            ORDER

This civil revision petition is filed for a direction to the learned Additional District and Sessions Judge, Padmanabhapuram, Kanyakumari District to dispose of E.P.No.1 of 2021 in O.S.No.12 of 2017 within the time stipulated by this Court.

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2.The learned Counsel for the petitioner submits that the petitioner filed a suit in O.S.No.12 of 2017 for specific performance and it was decreed by judgment and decree dated 25.07.2019. Since the respondent did not file the appeal, the judgment and decree dated 25.07.2019 became final. The petitioner has also filed the execution proceedings in E.P.No.1 of 2021. The respondent is protracting the proceedings.

3.The suit is of the year 2017. The suit was decreed as early as on 25.07.2019 itself. However the petitioner alleges that the respondent is protracting the proceedings in E.P.No.1 of 2021. Therefore the executing Court is directed to dispose of E.P.No.1 of 2021 as expeditiously as possible, preferably within a period of five months from the date of receipt of a copy of this order. No costs.

16.09.2022 dsk To The Additional District and Sessions Court, Padmanabhapuram.

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