V.Prabakhar vs Amuthaventhan
2021 Latest Caselaw 15759 Mad

                                                                                    C.R.P.No.1502 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 04.08.2021
                                                        CORAM:
                        THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
                                                 C.R.P. No.1502 of 2021
                                               (Through Video Conference)

                V.Prabakhar                                             .. Petitioner / Decree Holder


                                                          Versus


                Amuthaventhan                                           .. Respondent / Judgment

Debtor

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned District Munsif Court, Ambattur, Chennai to dispose of the E.P.No.43 of 2018 in R.C.O.P.No.34 of 2017 on the file of the District Munsif Court at Ambattur within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.N.Natarajan

O RD E R

This Civil Revision Petition is filed seeking for a direction to the learned

District Munsif Court, Ambattur, Chennai to dispose E.P.No.43 of 2018 in

R.C.O.P.No.34 of 2017 on the file of the District Munsif Court at Ambattur

within a time frame to be fixed by this Court.

________ https://www.mhc.tn.gov.in/judis/

C.R.P.No.1502 of 2021

2. The learned counsel for the petitioner submitted that the eviction

petition was filed on the ground of willful default and after contest, the learned

Judge ordered eviction. It is further submitted by him that the respondent/

Judgment Debtor is squatting on the property without paying the rent. Now,

E.P.No.43 of 2018 is filed for taking possession of the rented premises. Since

the filing of the Execution Petition there is no much progress. Therefore, he

seeks direction from this Court to the learned District Munsif, Ambattur for

disposal of the Execution Petition within a time frame fixed by this Court.

3. Considering the reasons stated by the learned counsel for the

petitioner, that this Execution Petition is pending from the year 2018 onwards

without any progress, this Court directs the learned District Munsif, Ambattur

to dispose of the Execution Petition as early as possible, preferably within a

period of three(03) months from the date of receipt of a copy of this order.

However, the learned Judge is directed to ensure whether any appeal is

preferred against the order made in R.C.O.P.No.34 of 2017. In case of any

appeal is preferred and pending, the learned Judge is directed to wait for the

outcome of the Appeal .

________ https://www.mhc.tn.gov.in/judis/

C.R.P.No.1502 of 2021

4. This Civil Revision Petition is Ordered accordingly. No costs.

04.08.2021 Index :Yes / No Speaking order / Non speaking order

sts

To:

The District Munsif Court, Ambattur, Chennai

________ https://www.mhc.tn.gov.in/judis/

C.R.P.No.1502 of 2021

G.CHANDRASEKHARAN, J.,

sts

Order made in C.R.P. No.1502 of 2021

Dated:

04.08.2021

________ https://www.mhc.tn.gov.in/judis/