C.Chinnan vs A.Raman
2021 Latest Caselaw 21979 Mad

                                                                       C.R.P.(MD)No.1690 of 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED:02.11.2021

                                                     CORAM :

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            C.R.P.(MD)No.1690 of 2021

                     A.Chokkalingam(died)
                     1.C.Chinnan

                     C.Azhagammal (Died)

                     2.C.Maruthi

                     3.C.Azhagu

                     4.C.Lakshmi                                            ... Petitioners


                                                        Vs.
                     A.Raman                                              ... Respondent

                     PRAYER: Petition filed under Section 227 of Constitution of India, to
                     direct the District Munsif cum Judicial Magistrate No.1, Usilampatti,
                     Madurai District for disposing E.P.No.1 of 2012 in O.S.No.11 of 2005
                     within the time frame fixed by this Court.


                                   For Petitioners    : Mr.V.P.Rajan




                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                             C.R.P.(MD)No.1690 of 2021

                                                           ORDER

Heard the learned counsel appearing for the petitioners.

2. Considering the nature of relief to be granted, notice to the

respondent is dispensed with.

3.The decree holders are before this Court seeking speedy disposal

of the execution proceedings. The suit was filed in the year 2005. The

decree was passed in the year 2011. The execution petition was filed in

the year 2012. We are now in the year 2021. For nine years, E.P is

pending.

4. The learned counsel for the revision petitioners states that on

account of filing of a petition by the wife of the defendant, the

proceedings got stalled. It is stated that she is now no more. In any

event, whatever defences which the judgment debtor may have, E.P.No.1

of 2012 will be disposed of on merits and in accordance with law. The

executing Court is directed to dispose of E.P.No.1 of 2012 on merits and

in accordance with law within a period of three months from the date of

receipt of a copy of this order. I make it clear that no opinion has been

expressed on the merits of the matter. The only direction given in this

petition is for speedy disposal.

https://www.mhc.tn.gov.in/judis/ C.R.P.(MD)No.1690 of 2021

5. This Civil Revision Petition is disposed of. No costs.

02.11.2021

Internet : Yes/No Index : Yes/No rmi

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 The District Munsif cum Judicial Magistrate No.1, Usilampatti, Madurai.

https://www.mhc.tn.gov.in/judis/ C.R.P.(MD)No.1690 of 2021

G.R.SWAMINATHAN., J.

rmi

C.R.P.(MD)No.1690 of 2021

02.11.2021

https://www.mhc.tn.gov.in/judis/