Sumathi vs Ramaraj
2021 Latest Caselaw 72 Mad

                                                                             C.R.P(MD)No.1105 of 2020




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 04.01.2021

                                                   CORAM:

                             THE HONOURABLE MRS.JUSTICE J.NISHA BANU


                                             C.R.P. (MD) No.1105 of 2020



                      Sumathi                            ... Petitioner/Petitioner/Petitioner/
                                                             Plaintiff

                                                      -Vs-


                      Ramaraj                             ...Respondent/Respondent/
                                                             Respondent/Defendant


                      Prayer: Civil Revision Petition filed under Article 227 of the
                      Constitution of India, to direct the learned Subordinate Judge,
                      Uthmapalayam to dispose the case in E.A.No.99 of 2019 in E.P.No.181
                      of 2016 in O.S.No.115 of 2014, on the file of the Subordinate Court,
                      Uthamapalayam in a time bound manner as fixed by this Court.


                                  For Petitioner    : Mr.D.Senthil




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                                                                              C.R.P(MD)No.1105 of 2020




                                                       ORDER

This Civil Revision Petition has been filed seeking a

direction to the learned Subordinate Judge, Uthamapalayam, to dispose

the case in E.A.No.99 of 2019 in E.P.No.181 of 2016 in O.S.No.115 of

2014, on the file of the Subordinate Court, Uthamapalayam, within the

time stipulated by this Court.

2. The learned counsel for the revision petitioner would submit

that the revision petitioner has filed a suit in O.S.No.115 of 2014 on the

file of the Subordinate Court, Uthamapalayam, for the relief of specific

performance, regarding the suit schedule property and the said suit was

decreed on 12.11.2014. Since, no appeal was filed by the respondent, the

judgment and decree made in O.S.No.115 of 2014 became final.

Thereafter, the petitioner has filed the Execution Petition in E.P.No.181

of 2016 in O.S.No.115 of 2014 and the said Execution Petition was also

allowed. Even though, the sale deed in respect of suit schedule property

was executed by the Court below, the property was not delivered to the

petitioner. Hence, the petitioner has filed Execution Application in

E.A.No.99 of 2019 in E.P.No.181 of 2016 in O.S.No.115 of 2014, for

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C.R.P(MD)No.1105 of 2020

delivery of the suit schedule property. The grievance of the petitioner is

that, the learned Judge is adjourning the case without any reasonable

cause. Hence, the petitioner is constrained to move the present revision

petition before this Court for getting speedy disposal of the Execution

Application in E.A.No.99 of 2019.

3. Since this Civil Revision Petition is filed for early disposal of

the execution application, no notice is necessary to the respondent

herein.

4. Considering the facts and circumstances of the case, this Court

feels that ends of justice would be met by directing the Court below to

dispose the execution application within a time frame. Without adverting

to the merits of the case, a direction is issued to the learned I learned

Subordinate Judge, Uthamapalayam, to dispose the execution petition in

E.A.No.99 of 2019 in E.P.No.181 of 2016 in O.S.No.115 of 2014, on

merits and in accordance with law within a period of three months from

the date of receipt of a copy of this order.

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C.R.P(MD)No.1105 of 2020

5. With the above direction, this Civil Revision Petition is

disposed of. No costs.

                                                                            04.01.2021

                      Internet : Yes / No
                      Index    : Yes / No
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                      To

                      1. The Subordinate Court,
                         Uthamapalayam.

                      2.The Section Officer,
                        VR Section,

Madurai Bench of Madras High Court, Madurai.

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C.R.P(MD)No.1105 of 2020

J.NISHA BANU,J

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C.R.P. (MD) No.1105 of 2020

04.01.2021

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