Madras High Court
Murugan Thevar vs Rajeshwari on 18 January, 2021
C.R.P.(MD) No.23 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.01.2021
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
C.R.P.(MD) No.23 of 2021
Murugan Thevar ... Petitioner/Petitioner/Plaintiff
-Vs-
1.Rajeshwari
2.Rekha
3.Subha ...Respondents/Respondents/Defendants
Prayer: Civil Revision Petition filed under Article 227 of the
Constitution of India to allow this Civil Revision Petition by directing
the Sub Court, Dindigul to dispose of E.P.No.145 of 2019 in O.S.No.275
of 2010 within a stipulated period as to be fixed by this Court.
For Petitioner : Mr.M.O.Thevan Kumar
ORDER
This Civil Revision Petition has been filed seeking a
direction to the learned Subordinate Judge, Dindigul to dispose the
execution proceedings in E.P.No.145 of 2019 in O.S.No.275 of 2010
within the time stipulated by this Court.
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C.R.P.(MD) No.23 of 2021
2.The learned counsel for the petitioner would submit that the
petitioner has filed a suit in O.S.No.275 of 2010 against the respondents
for specific performance. The said suit was decreed on 13.02.2015,
directing the petitioner to deposit the balance sale consideration before
the Court. As per direction of the trial Court, the petitioner has deposited
a sum of Rs.1,00,000/- before the trial Court. Aggrieved over the
Judgment and Decree passed by the trial Court, the first respondent
herein filed an appeal suit in A.S.No.26 of 2015 before the Fast Track
Mahila Court, Dindigul and the same was dismissed on 20.11.2018.
Against which, no appeal was filed by the respondents. Thereafter, the
petitioner filed an execution petition in E.P.No.145 of 2019 before the
Principal Sub Court, Dindigul on 25.06.2019 where the respondents
entered appearance through their counsel. The grievance of the petitioner
is that from 30.01.2020 onwards, the said Execution Petition is being
adjourned from time to time for filing counter and lastly, it is adjourned
to 05.02.2021 for filing counter. In such circumstances, this Civil
Revision Petition is filed for speedy disposal of the above Execution
Petition.
3. Since this Civil Revision Petition is filed for early disposal of
the execution petition, no notice is necessary to the respondents herein.
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C.R.P.(MD) No.23 of 2021
4. Considering the facts and circumstances of the case and also
considering the fact that the E.P is of the year 2019, this Court feels that
ends of justice would be met by directing the Court below to dispose the
execution petition within a time frame. Without adverting to the merits
of the case, a direction is issued to the learned Subordinate Judge,
Dindigul to dispose the E.P.No.145 of 2019 in O.S.No.275 of 2010 on
merits and in accordance with law, 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 is
disposed of. No costs.
18.01.2021
Index : Yes/No
Internet : Yes/No
msa
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.
To,
1.The Subordinate Judge
Dindigul
2.The Section Officer
V.R.Section
Madurai Bench of Madras High Court
Madurai
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C.R.P.(MD) No.23 of 2021
J.NISHA BANU,J.
msa
C.R.P.(MD) No.23 of 2021
http://www.judis.nic.in
C.R.P.(MD) No.23 of 2021
18.01.2021
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