Madras High Court
Santha Nammalvar vs M/S.Wazith Engineering & Trading ... on 13 July, 2021
CRP(PD)(MD).No.332 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.07.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.R.P. (PD)(MD).No.332 of 2021
Dr.Nammalvar (Died)
1.Santha Nammalvar
2.Rajkumanan
3.Lara Timbana Nelson : Petitioners/Petitioners
(Petitioners 2 and 3 are represented through their Power of Attorney the 1st
petitioner namely, Santha Nammalvar)
Vs.
1.M/s.Wazith Engineering & Trading Private Ltd,
Rep.by its Managing Director,
M.Basir Ahmaed,
Officer at Periay Pallivasal Street,
Uthamapalayam, Theni District.
2.M.Basir Ahamed
3.M.Humayur Kabeer
4.Dr.Samuel Abraham : Respondents/Respondents/ Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to direct the Additional District Judge, Theni to dispose of the E.P.o.114 of
2018 pending therein within time frame as fixed by this Court.
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1/4
CRP(PD)(MD).No.332 of 2021
For Petitioners : Mr.H.Arumugam
For Respondents : Mr.K.Chockalingam, for R1 & R2.
: No Appearance for R3 and R4.
ORDER
The Civil Revision Petition has been filed seeking orders for a direction to
dispose of the petition in E.P.o.114 of 2018 in O.S.No.5 of 2009 on the file of the
Additional District Court, Theni, within a time stipulated by this Court.
2.The revision petitioners are the plaintiffs and they have filed the suit in
O.S.No.5 of 2009 claiming the relief of specific performance or in alternative
refund of the advance amount and the trail Court has granted the alternative relief
of refund of advance amount.
3.The plaintiffs have then laid the execution petition for recovery of the
advance amount and the same is pending from 2018 onwards. As rightly pointed
out by the learned counsel for the petitioners, the Hon'ble Supreme Court in
Rahul S. Shah Vs. jinendra Kumar Gandhi and others reported in 2021 SCC
Online SC 3411, has directed the Executing Courts to dispose of the execution
petitions within a period of six months from the date of filing, which may be
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CRP(PD)(MD).No.332 of 2021
extended only by recording reasons in writing for such delay. Since the present
execution petition is pending for the past 3 years, the Executing Court is duty
bound to dispose of the execution proceedings as per the directions of Hon'ble
Supreme Court.
4.Hence, the learned Additional District Judge, Theni, is directed to dispose
of the petition E.P.No.114 of 2018 within the time stipulated by the Hon'ble
Supreme Court in the judgment above referred.
5.With the above direction, the Civil Revision Petition is disposed of. No
costs.
13.07.2021
das
To
The Additional District Judge, Theni.
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.
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CRP(PD)(MD).No.332 of 2021
K.MURALI SHANKAR,J.
das
C.R.P. (PD)(MD).No.332 of 2021
13.07.2021
https://www.mhc.tn.gov.in/judis/
