Madras High Court
Murugesan vs M.Vijayalakshmi on 19 August, 2021
C.R.P.(P.D).No.1715 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P.(PD) No.1715 of 2021
Murugesan ...Petitioner
Vs.
C.R.Marudhauchalam (Deceased)
Pandiyarajan (Deceased)
1. M.Vijayalakshmi
2. M.Loganathan
3. M.Vishwanathan
4. M.Bangaja
5. S.Thilaka
6. Rajamani
7. P.Ilavarasi
K.Palanisamy (Deceased)
8. Dhanalakshmi
9. N.Ramakrishnan
T.Dhandapani (Deceased)
M.Murugesan (Deceased)
10. R.Bharathi
G.Ramadass (Deceased)
11. R.Rajeswari
1/5
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C.R.P.(P.D).No.1715 of 2021
12. R.Kalpana
13. R.Rukumani
14. R.Sangeetha
15. R.Dhanalakshmi
16. M.Indrirani
17. M.Umamageshwari
Sreenivasan(alias) M.Gunalan (Deceased)
18. P.Karpagam
19. P.Manjula
20. C.Subalatha
21. P.Senthilkumar
22. G.Sasidevi
23. G.Lakshmi (Minor)
Guardian Mother G.Sasidevi
24. T.Sivaguru ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to direct the lower court to speedily dispose of the
Execution Petition in EP.No.146 of 2019 in O.S.No.182 of 2002 on the file
of Hon'ble V Additional District Court, Coimbatore, in a time bound manner
with the help of the local police by providing protection at the time of taking
delivery of the suit schedule mentioned property.
For Petitioner : Mr. E.J.Ayyappan
2/5
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C.R.P.(P.D).No.1715 of 2021
ORDER
This Civil Revision Petition is filed, to direct the learned Vth
Additional District Judge, Coimbatore, to speedily dispose of the Execution
Petition in EP.No.146 of 2019 in O.S.No.182 of 2002.
2.The learned counsel for the petitioner submitted that a suit in
O.S.No.182 of 2002 was filed seeking the relief of specific performance of
the sale agreement. The suit came to be decreed in favour of the petitioner by
a judgment and decree dated 13.08.2008. Against the said judgment and
decree, the respondent preferred an appeal in A.S.No.660 of 2009 before
this Court and this Court confirmed the judgment of the Trial Court on
01.11.2016. Thereafter, the execution proceeding in E.P.No.122 of 2016
was filed for execution of sale deed, in terms of the decree and that was
closed on 12.07.2019, by executing the sale deed. Now, the present
E.P.No.146 of 2019 is filed for delivery of possession of the suit property.
The said E.P.No.146 of 2019 is pending from the year 2019 and there is no
progress. Therefore, the present Civil Revision Petition is filed.
3.Considered the submissions made by the learned counsel for the
petitioner and perused the records.
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C.R.P.(P.D).No.1715 of 2021
4.From the sequence of events, it is seen that though the suit in
O.S.No.182 of 2002 was decreed in favour of the petitioner on 13.08.2008
and the same has been confirmed in A.S.No.660 of 2009, the petitioner is
not able reap the fruits of the decree. Therefore, this Court directs the
learned V Additional District Judge, Coimbatore, to dispose of the
E.P.No.146 of 2019 in O.S.No.182 of 2002 as expeditiously as possible,
preferably within a period of three months from the date of receipt of a copy
of this order.
5.With the above direction, this Civil Revision Petition stands
disposed of. No costs.
Jer 19.08.2021
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
To
1.The V Additional District Judge, Coimbatore.
2.The Section Officer
VR Section
High Court of Madras.
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C.R.P.(P.D).No.1715 of 2021
G.CHANDRASEKHARAN.J,
Jer
C.R.P.(PD) No.1715 of
19.08.2021
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