Madras High Court
Anantha Jothi vs Thangammal on 5 October, 2021
C.R.P. (NPD) No.798 of 2020
and C.M.P.No.4290 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (NPD) No.798 of 2020
and C.M.P. No.4290 of 2020
Anantha Jothi ... Petitioner /
Appellant
versus
1.Thangammal
2.Irusa Gounder
3.Andi Gounder
4.Ranganathan
5.Muthu Nadar
6.Sampath
7.Arumuga Mudaliar
8.Murugan
9.Arumuga Chettiar
10.Kandasamy
11.Richardson and Crudas Ltd.
Government of India,
Opp. Salem Steel Plant,
Salem 13.
12.Vasu
13.Rathinammal
14.Bhuvaneswari
15.Usha Rani
16.K.Jayaraj
17.K.Ponnusamy
18.K.Krishnan
19.K.Arjunan
20.K.Balusamy
1/6
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C.R.P. (NPD) No.798 of 2020
and C.M.P.No.4290 of 2020
21.K.Gopal
22.K.Palaniyammal
23.K.Hamsa
24.R.Jothi
25.R.Gokul
26.R.Sindhuja
27.Thangammal
28.K.Raja
29.K.Selvaraj
30.Chinnaponnu
31.R.Govindaraj
32.R.Ravikumar
33.R.Dhanalakshmi
34.R.Vijaya
35.Alamelu
36.Kamala
37.A.K.S.Mani
38.A.K.S.Manickam
39.A.K.S.Govindaraj
40.A.K.S.Palanisamy
41.V.Saraswathi ... Respondents /
Defendants
PRAYER: Civil Revision Petition has been filed under Article 227 of the
Constitution of India, to dispose of I.A.No.1 of 2020 in A.S.No.2 of 2020 on the
file of the learned District Judge, Salem, by fixing a time frame for disposal of the
same.
For Petitioner : Mr.A.K.Sriram
for M/s.A.S.Kailasam & Associates
For Respondent Nos.1, : Mr.M.Venkadesh Kumar
12 to 15, 35 & 36
For Respondent Nos.24 to 26 : Mr.T.Shazhian
Change of Vakalat given
ORDER
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C.R.P. (NPD) No.798 of 2020
and C.M.P.No.4290 of 2020
This Civil Revision Petition is filed, seeking direction to the learned
District Judge, Salem, for disposing I.A.No.1 of 2020 in A.S.No.2 of 2020, within a
time frame to be fixed by this Court.
2. The learned counsel for the petitioner submitted that, the suit in
O.S.No.421 of 1984 was filed for the relief of declaration, partition and possession.
The suit was decreed. In pursuance of the judgment and decree, R.E.P.No.62 of
1998 was filed for enforcing the decree. The petitioner filed R.E.A.No.284 of 1999
under Order 21 Rules 97, 99 Section 151 of C.P.C. and that petition was dismissed
on 27.09.2019. Against the said dismissal order, the petitioner preferred A.S.No.2
of 2020.
3. I.A.No.1 of 2020 was filed for staying the further proceedings in
pursuance of the judgment and decree in R.E.A.No.284 of 1999 in R.E.P.No.62 of
1998 in O.S.No.421 of 1984. It is further submitted by the learned counsel for the
petitioner that, the learned Executing Judge, is pressing the order of stay, otherwise
further proceedings will be taken for delivery of the property in R.E.P.No.62 of
1998.
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C.R.P. (NPD) No.798 of 2020
and C.M.P.No.4290 of 2020
4. Mr.M.Venkadesh Kumar, learned counsel appeared for the
respondents 1, 12 to 15, and 35 and 36. Mr.T.Shazhian, learned counsel appearing
for respondents 24 to 26 submitted that, he has handed over change of vakalat to
the parties. He is no more appearing for them. However, considering the limited
scope of this petition, this Court directs the learned District Judge, Salem, to
dispose of A.S.No.2 of 2020 as expeditiously as possible, preferably, within a
period of three months from the date of receipt of a copy of this order. The learned
District Judge, Salem, is also directed to pass appropriate orders in the stay petition
immediately, in view of the submission made by the learned counsel for the
petitioner that, the learned Executing Judge has informed that the delivery of
proceedings will be initiated unless there is an order of stay from the Appellate
Court. The learned counsel for the petitioner submitted that, already interim stay
was granted by this Court in C.M.P.No.4290 of 2020. In view of the interim stay
already granted by this Court, there shall be interim stay of further proceedings in
R.E.P.No.62 of 1998 till the disposal of stay petition filed in I.A.No.1 of 2020.
5. With these observations, this Civil Revision Petition is disposed
of. Consequently, connected Miscellaneous Petition is closed. However, there is no
order as to costs.
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C.R.P. (NPD) No.798 of 2020
and C.M.P.No.4290 of 2020
05.10.2021
Speaking order / Non-speaking order
Index : Yes / No
Note : Issue Order Copy on 07.10.2021
psa / sri
To
The District Judge,
Salem.
http://www.judis.nic.in
C.R.P. (NPD) No.798 of 2020
and C.M.P.No.4290 of 2020
G.CHANDRASEKHARAN, J.
psa / sri
C.R.P. (NPD) No.798 of 2020
and C.M.P. No.4290 of 2020
05.10.2021
http://www.judis.nic.in
