Madras High Court
Sekar (Alias) Deenadayalan vs Bavanandham on 16 July, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2021
Coram
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.R.P. (PD) No. 922 of 2021
Sekar (alias) Deenadayalan ... Petitioner/Decree Holder
-Vs-
1. Bavanandham
2. Ravindranath
3. Jegannathan
4. Vanaja
5. Thirupurakumari
6. Surendrakumar
7. Dhayachandrika
8. Anuradha
9. Gopal
10. Hariramulu ... Respondents/ Judgment Debtors 5, 7 to 15
https://www.mhc.tn.gov.in/judis/
2
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India to direct the Principal District Munsif, Poonamallee to
dispose of E.P.No. 50 of 2012 in which matter the execution applications
are pending as expeditiously as possible, within a specified timeline.
***
For Petitioner : Mr. N.V.N. Margandeyan
For Respondents : Mr. A.Balasingh Ramanujam
ORDER
This Civil Revision Petition has been filed by the Decree Holder
seeking early disposal of three execution applications, namely, E.A.No. 183
of 2018 filed under Section 47 CPC, E.A.No. 181 of 2018 filed under Order
21 Rule 58 CPC and both these applications have been filed by the third
respondent in the Civil Revision Petition and also E.A.No. 186 of 2018
which had been filed by third parties again under Order 21 Rule 58 CPC.,
all in E.P.No. 150 of 2021.
2. It is the contention of Mr. N.V.N. Margandeyan, learned
counsel for the revision petitioner that the suit had been instituted nearly
about two decades ago and still the Decree Holder has not been able to see
the fruits of the decree in its entirety.
https://www.mhc.tn.gov.in/judis/
3. It is claimed that there were originally ten Judgment Debtors
and out of them nine Judgment Debtors had vacated the premises. The third
respondent herein alone is still in occupation and is contesting the matter, as
stated, by filing E.A.No. 183 of 2018 and E.A.No. 181 of 2018 and also
unnumbered C.R.P., in E.A.No. 180 of 2018.
4. In view of the complicated issues which arise since the third
respondent claims to have purchased a portion of the property and which
has to be decided only by that particular Court, I would rather that, since
evidence is required, call upon the Principal District Munsiff, Poonamallee,
to bestow some personal attention, to dispose of the execution applications
and if evidence is to be let in by the parties permit such procedure, but
however restrict the days between any two adjournments to just three
working days and list E.A.Nos. 181, 183 & 186 of 2018 together. A duty is
cast on the applicants therein to file necessary documents and then graze the
witness box and to subject themselves for cross examination. They have
had a long innings so long and the matter cannot be permitted to be dragged
on any further.
https://www.mhc.tn.gov.in/judis/
5. Mr. A.Balasingh Ramanujam, learned counsel for the third
respondent also stated that opportunity must be given to advance oral and
documentary evidence. I am confident that the Principal District Munsiff,
Poonamallee will grant opportunity but also restrict the number of days
between any two adjournments to three working days. This has to be
strictly followed and there should be progress in the case. Further, the
Principal District Munsiff, Poonamallee, cannot grant more than two
successive adjournments for the very same reason. This would place a
responsibility on all the litigants to be ready with filing documents, ready
with the proof affidavits and be ready to subject themselves for cross
examination and the learned counsels would actually cross examine the
witnesses. If this procedure is followed, I am confident that there will be
disposal of E.P.No. 50 of 2012 along with all the connected execution
applications.
6. At any rate, an outer limit of disposal of all these matters is
given till 31.01.2022, taking consideration any of the intervening
circumstances that may arise in the course of hearing of the matters.
https://www.mhc.tn.gov.in/judis/
7. With the above said observations, this Civil Revision Petition
is allowed. No order as to costs.
16.07.2021
vsg
Index: Yes/No
Internet: Yes/No.
Speaking / Non speaking
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN, J.
vsg
C.R.P. (PD) No. 922 of 2021
16.07.2021
(2/2)
https://www.mhc.tn.gov.in/judis/
