Madras High Court
M.Kesavan vs A.Jayaraman on 23 February, 2021
C.R.P.No.278 of 2021
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 23.02.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. (NPD) No.278 of 2021
M.Kesavan ...Petitioner
Vs
A.Jayaraman ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India to direct the learned Subordinate Judge,
Poonamalle, to dispose of the E.P.No.65 of 2018 in O.S.No.21 of 1994
pending on the file of Subordinate Judge, Poonamalle, within a
reasonable time frame in the interest of justice.
For Petitioners : Mr.C.V.Vijayakumar
ORDER
The limited prayer sought for in the present petition is to dispose
of the execution proceedings within the stipulated time.
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C.R.P.No.278 of 2021
2. The learned counsel for petitioner would submit that the
petitioner/decree holder is not able to enjoy the fruits of the specific
performance decree dated 11.04.2000 passed in O.S.No.21 of 1994 and
the learned Subordinate Judge, routinely adjourning the E.P.No.65 of
2018 for delivery of vacant possession of suit scheduled property
removing the obstructions, if any, from time to time more than a month
every time, when the matter came up for orders. Further, he would submit
that the learned judge failed to take serious note of the fact that the
judgment debtor/respondent herein had dragged the E.P.No.63 of 2009
filed by the petitioner/decree holder for 7 years and the
respondent/judgment debtor failed to execute the registration of the sale
deed for more than 7 years by taking adjournments in E.P.No.63 of 2009.
Further, he would state that the learned Judge failed to take into account
the judgment debtor's/respondent's intention and attitude to delay the
decision-making process of the Court towards disposal of the E.P.No.65
of 2018 and the judgment debtor/respondent had taken more than one
and half years for filing the counter in the above E.P. Further, the learned
judge ought to have passed an order on merits and in accordance with
law, after filing the counter dated 11.02.2019 by the judgement
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C.R.P.No.278 of 2021
debtor/respondent herein by taking into account of the pendency of the
above E.P.No.65 of 2018 for the past two years. Hence, the learned
counsel for the petitioner prays to allow this petition.
3. Heard the learned counsel for the petitioner and perused the
materials available on record.
4. On a perusal of the adjudication orders, it is seen that E.P.No.65
of 2018 in O.S.No.21 of 1994 was pending for enquiry. The Court below
had adjourned the matter to 07.04.2021 and when the matter was listed
for enquiry on 23.12.2020, the petitioner herein was forced to file
E.A.No.47 of 2021 in E.P.No.65 of 2018 and emergent petition to
advance the date of the hearing of the case from 07.04.2021 and the same
was posted on 01.02.2021. On 01.02.2021, the case has been reposted to
05.02.2021 as the learned Subordinate Judge was on casual leave.
Subsequently, the same was adjourned to 08.02.2021 and on that day the
emergent petition was once again adjourned to 10.02.2021. There is not
much progress thereafter.
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C.R.P.No.278 of 2021
5. In view of the stage of the execution proceedings and also
taking into account that the suit was originally initiated in the year 1994,
there shall be a direction to the learned Subordinate Judge, Poonamallee,
to dispose the petition in E.P.No.65 of 2018 in OS.No.21 of 1994 within
a period of four months from the date of receipt of copy of this order.
6. Accordingly, the Civil Revision Petition stands disposed of. No
costs.
23.02.2021
Index:Yes/No
Speaking order/Non-Speaking Order
sbn
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C.R.P.No.278 of 2021
V.BHAVANI SUBBAROYAN, J.
sbn
To
The Subordinate Court,
Poonamallee.
C.R.P. (NPD) No.278 of 2021
23.02.2021
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