S.Sindhu vs T.Chitra
2022 Latest Caselaw 1172 Mad

                                                                                      CRP (PD) No. 118 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 25.01.2022

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                 CRP (PD) No. 118 of 2022


                     S.Sindhu                                      ... Petitioner/Petitioner
                                                                   Decree Holder


                                                              Vs

                     T.Chitra                          ... Respondent/Respondent/Judgement Debtor

                     PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                     of India to direct the Court of Subordinate Judge, Tiruvallur, to dispose of
                     E.P.No. 60 of 2019 in O.S.No. 117 of 2017 at an early date.
                                                                   ***
                                             For Petitioner        : Mr. S.Baskaran

                                                          ORDER

The petitioner seeks a direction for early disposal of E.P.No. 60 of

2019 on the file of Sub Court, Tiruvallur. Considering the limited prayed

sought for, notice to the respondents is deemed unnecessary.

https://www.mhc.tn.gov.in/judis CRP (PD) No. 118 of 2022

2. The decree that is sought to be executed was passed on

28.06.18. It appears that the respondent / Judgment debtor seeking stay of

the execution proceedings till disposal of her application to set aside exparte

decree and the execution proceedings are being adjourned on the ground that

the stay petition is pending for nearly 2 years now.

3. The Executing Court, in my view, is not justified in adjourning

stay for over two years. Hence, there will be a direction to the Executing

Court to dispose of E.A.No. 1 of 2021 on the ground that application for

stay is pending, within a period of four weeks from the date of receipt of a

copy of this order and thereafter, dispose of E.P.No. 60 of 2019 within a

period of six months from the date of receipt of a copy of this order.

4. With the above said direction, this Civil Revision Petition is

allowed. No costs.

25.01.2022

vsg

Index: Yes/No Speaking order / Non speaking order

https://www.mhc.tn.gov.in/judis CRP (PD) No. 118 of 2022

To:

1. Subordinate Court, Tiruvallur.

2.The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CRP (PD) No. 118 of 2022

R.SUBRAMANIAN, J.

Vsg

CRP (PD) No. 118 of 2022

25.01.2022

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