Madras High Court
Gnanadurai vs Athisayarani on 2 August, 2021
CRP(PD)(MD).No.1048 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.R.P. (PD)(MD).No.1048 of 2021
Gnanadurai : Petitioner/Petitioner/Plaintiff
Vs.
Athisayarani : Respondent/Respondent/Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to direct the learned Subordinate Judge, Thoothukudi to expeditiously hear
the execution petition in E.P.No.5 of 2018 in O.S.No.96 of 2013 on the file of the
Subordinate Judge, Thoothukudi.
For Petitioner : Mr.G.Prabu Rajadurai
ORDER
This Civil Revision Petition has been filed seeking a direction to dispose of
the petition in E.P.No.5 of 2018 in O.S.No.96 of 2013 on the file of the
Subordinate Judge, Thoothukudi, within a time stipulated by this Court.
2.Since the revision petition is filed for early disposal of the case, the
issuance of notice to the respondent is not necessary.
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CRP(PD)(MD).No.1048 of 2021
3.The revision petitioner is the decree holder/plaintiff and he obtained a
decree in O.S.No.96 of 2013, dated 18.07.2016, whereunder, the
respondent/judgment debtor was directed to pay Rs.5,00,000/- with interest at 6%
per annum from the date of the suit till realization and costs.
4.The learned counsel for the petitioner would submit that since the
judgment debtor has failed to comply with the decree, he was forced to lay the
execution petition in E.P.No.5 of 2018, that the respondent has been taken
adjournments with male fide intention to drag on the matter, that the petitioner is a
senior citizen aged 72 years and that therefore, the enquiry in the execution
petition has to be expedited.
5. It is pertinent to note that the Hon'ble Supreme Court in Rahul S. Shah
Vs.Jinendra Kumar Gandhi and others reported in 2021 SCC Online SC 3411,
has directed the Executing Courts to dispose of the execution petitions within a
period of six months from the date of filing, which may be extended only by
recording reasons in writing for such delay. Since the present execution petition is
pending for the past 3 years, the Executing Court is duty bound to dispose of the
execution proceedings as per the directions of Hon'ble Supreme Court.
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CRP(PD)(MD).No.1048 of 2021
6.Hence, the learned he Subordinate Judge, Thoothukudi, is directed to
dispose of the petition in E.P.No.5 of 2018 in O.S.No.96 of 2013 , within the time
stipulated by the Hon'ble Supreme Court in the judgment above referred.
7.With the above direction, the Civil Revision Petition is disposed of. No
costs.
02.08.2021
das
To
The Subordinate Judge, Thoothukudi
Note:
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
CRP(PD)(MD).No.1048 of 2021
K.MURALI SHANKAR,J.
das
C.R.P. (PD)(MD).No.1048 of 2021
02.08.2021
https://www.mhc.tn.gov.in/judis/
