Madras High Court
G.Malathi vs N.Govindarjan on 8 September, 2021
C.R.P(PD)(MD)No.1248 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :08.09.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.R.P.(PD)(MD).No.1248 of 2021
G.Malathi ... Petitioner
-vs-
Malliga Ammal (died)
1. N.Govindarjan
2. N.Ramachandran
3. N.Narayanan
Detchinamoorthi (died)
4. S.Bose
5. Neelavathi
6. Kannan
7. Sudha
8. Divya ... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of the
Constitution of India, to direct the learned District Judge, Ramanathapuram
to dispose of the Execution Petition in E.P.No.11 of 2020 in E.P.No.4 of
2008 in O.S.No.9 of 2007 time bound manner as fixed by this Court and
allow the same.
1/4
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD)No.1248 of 2021
For Petitioner : Mr.M.Seenisulthan
ORDER
This Civil Revision Petition has been filed seeking a direction to the
learned District Judge, Ramanathapuram to dispose of the Execution
Petition in E.P.No.11 of 2020 in E.P.No.4 of 2008 in O.S.No.9 of 2007 time
bound manner.
2. Since the revision petition is filed for early disposal of the case,
issuance of notice to the respondents are not necessary.
3. The learned counsel appearing for the petitioner would submit that
the respondents No. 1 to 3 are the legal heirs of one deceased Plaintiff
Malliga Ammal. The said Malliga Ammal filed a suit in O.S.No.9 of 2007
on the file of the Principal District Court, Ramanathapuram for recovery of
money for a sum of Rs.15 Lakhs against the deceased respondent
Detchinamoorthi and his brother S.Bose, who is arrayed as 4th respondent
herein. The respondents No.5 to 8 are the legal heirs of deceased respondent
Detchinamoorthi. The learned District Judge had passed a decree and
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C.R.P(PD)(MD)No.1248 of 2021
judgment in O.S.No.9 of 2007 in favour of the deceased plaintiff Malliga
Ammal on 07.01.2008. Thereafter, the respondents No.1 to 3/ Plaintiffs have
filed an Execution Petition in E.P.No.4 of 2008 on the file of the Principal
District Judge, Ramanathapuram. Though notice was ordered to respondents
4 to 8 they were called absent and set ex-parte. Thus, the learned District
Judge ordered the sale of suit property. Thereafter, the petitioner had
participated in the auction for the sale of suit property and ultimately she
was the successful bidder and a sale certificate was also issued in favour of
the Revision Petitioner on 26.04.2019 and E.P. was closed. Thereafter, the
petitioner filed one another petition in E.P.No.11 of 2020 for the delivery of
suit property to the petitioner. However, till date the petition is pending.
Hence the petitioner is filed this Civil Revision Petition.
4. Considering the facts and circumstances of the case, without going
into the merits of the case, this Court directs the learned District Judge,
Ramanathapuram to dispose of the Execution Petition in E.P.No.11 of 2020
in E.P.No.4 of 2008 in O.S.No.9 of 2007, within a period of one month from
the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD)No.1248 of 2021
S.ANANTHI,J.
ebsi
5. With this above direction, this Civil Revision Petition is disposed
of. No costs.
08.09.2021
Index : Yes / No
Internet : Yes / No
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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 learned District Judge,
Ramanathapuram.
C.R.P.(PD)(MD).No.1248 of 2021
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