Bibin Rajesh @ Pivin vs Leela Bai
2022 Latest Caselaw 18259 Mad

                                                                             CRP(PD)(MD)No.2237 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 20.12.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                             CRP(PD)(MD)No.2237 of 2022

                    Bibin Rajesh @ Pivin                                        ... Petitioner

                                                            Vs

                    1.Leela Bai
                    2.Gopalan
                    3.Nagammal
                    4.Suresh Kumar
                    5.Selvi Sutheesh Kumari
                    6.Selvi Satheesh Kumari                                     ... Respondents
                    Prayer: Petition filed under Article 227 of the Constitution of India, to
                    direct the Sub Court, Kuzhithurai to dispose the appeal suit in A.S.No.
                    36 of 2021 in a speedy manner within a time frame as fixed by this
                    Court.
                                           For Petitioner : Mr.K.P.Narayanakumar
                                           For Respondent : No appearance

                                                       ORDER

This revision petition is filed seeking for a direction to the

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.2237 of 2022

learned Sub Judge, Kuzhithurai to dispose of the appeal suit in A.S.No.

36 of 2021 in a time bound manner.

2.The learned counsel appearing for the petitioner submits

that the first respondent filed a claim petition in EA.No. 1 of 2021,

under Order 21 Rule 97 of Civil Procedure Code before the Execution

Court in E.P.No.42 of 2019 and the same was dismissed by the Court by

order dated 13.11.2021, as against which, the first respondent preferred

an appeal suit in A.S.No.36 of 2021 before the Sub Court, Kuzhithurai

on 16.12.2021, wherein, both side arguments have been advanced in the

month of February, 2022 itself and thereafter the appeal was posted for

judgment on 02.03.2022. Even then,the judgment has not been passed

by the first Appellate Court. The grievance of the petitioner is that

though he obtained a decree in the main suit in O.S.No.272 of 2004 in

the year 2005, he could not enjoy the fruits of the decree for the past 17

years and therefore, he seeks for an early disposal of A.S.No. 36 of

2021.

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.2237 of 2022

3.This Court considered the submissions of the learned

counsel for the petitioner and perused the materials placed on record.

4.Though notice was ordered to the second respondent and

his name also printed, there is no representation for the second

respondent.

5.The case of the petitioner is that the petitioner as a

plaintiff filed a suit in O.S.No.272 of 2004 for the relief of declaration

and for permanent injunction and the suit was decreed in his favour

during 2005 itself. Challenging the same, appeals filed by the

respondents were also dismissed. Thereafter, the first respondent filed a

claim petition in EA.No.1 of 2021, under Order 21 Rule 97 of Civil

Procedure Code before the Execution Court in E.P.No.42 of 2019,

which was also dismissed. Challenging the same, the appeal suit in

A.S.No.36 of 2021 was preferred by the first respondent before the Sub

Court, Kuzhithurai on 16.12.2021, which is still pending. It is to be

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.2237 of 2022

noted that the appeal suit has been argued in the month of March 2022

itself and it is now at the stage of pronouncement of orders.

6.Considering the fact that the suit was decreed in the year

2005 itself and the proceedings are delayed for years together, this Court

is inclined to dispose of this Civil Revision Petition with a direction to

the learned Sub Judge, Kuzhithurai to dispose of A.S.No.36 of 2021

within a period of four weeks from the date of receipt of a copy of this

order.

7.With the above direction, this Civil Revision Petition is

disposed of. No costs.

20.12.2022 Index : Yes / No. Internet : Yes / No. vrn

To

The Sub Court, Kuzhithurai

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.2237 of 2022

B.PUGALENDHI, J.

vrn

Order made in CRP(PD)(MD)No.2237 of 2022

20.12.2022

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