Thamizharasan vs Kala
2022 Latest Caselaw 6776 Mad

                                                                               CRP(PD).No.1092 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED : 31.03.2022
                                                        CORAM:

                                     THE HONOURABLE MS.JUSTICE P.T.ASHA

                                             C.R.P. (PD) No.1092 of 2022

                  1. Thamizharasan

                  2. Sundaram
                                                                                       ...Petitioners

                                                            Vs.


                  1.Kala

                  2.R.E.Varadharajan
                                                                                    ...Respondents

                  Prayer: Civil Revision Petition filed under Article 227 of the Constitution
                  of India praying to direct the learned III Additional District Court at
                  Puducherry to dispose of the E.P.No.13 of 2019 in O.S.No.106 of 2014
                  within a time frame fixed by fixed by this Court.


                                       For Petitioner   :         Mr.M.Rajasekar

                                                        ORDER

The above application is filed for speedy disposal of proceedings for

execution in E.P.No.13 of 2019 in O.S.No.106 of 2014 on the file of

learned III Additional District Court.

https://www.mhc.tn.gov.in/judis CRP(PD).No.1092 of 2022

2. The decree holder who was the revision petitioner herein seeks to

execute the decree passed in O.S.No.106 of 2014 which is passed on

25.09.2018. The judgment debtor have not preferred any appeal, since

the plaintiffs have not received the notice of the same. This application

has been filed seeking an early disposal of the E.P. which has been

pending since 07.10.2021 for the arguments of the respondent.

3. It is also stated that the judgment debtor had filed an application

for referring the matter for mediation under Section 89 of Civil Procedure

Code, 1908 r/w Section 20(1) of Legal Services Authorities Act, 1987. The

said application was opposed by the second petitioner by filing his counter

statement on 17.03.2022. It is now informed by the learned counsel for

the revision petitioners that despite the objection, the learned Judge has

referred the matter to mediation, which is contrary to the language of

Section 89 of C.P.C. which clearly states that even if the Court feels that

there is an element of statement, the same has to be acceptable to the

parties and thereafter the matter can be referred to mediation or to any

one of the modes of settlement which has been described in Section 89(1)

of the C.P.C.

4. Considering the fact that the said order of the learned Judge

directing the parties to appear for mediation is contrary to terms of

https://www.mhc.tn.gov.in/judis CRP(PD).No.1092 of 2022

Section 89 C.P.C., a direction is issued to the learned Judge to dispose of

the C.R.P.No.1092 of 2022 on or before 30.04.2022.

5. With the above directions, this Civil Revision Petition stands

ordered. No costs.

31.03.2022 Index: Yes/No Internet: Yes/No

mrm

To

The learned III Additional District Court, Puducherry.

Note: Issuer Order copy today (05.04.2022)

https://www.mhc.tn.gov.in/judis CRP(PD).No.1092 of 2022

P.T.ASHA,J., mrm

C.R.P. (PD) No. 1092 of 2022

31.03.2022

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