Madras High Court
R.M.Chockalingam vs Karaikudi Municipality on 1 December, 2023
Author: Battu Devanand
Bench: Battu Devanand
C.R.P(MD)No.3150 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P(MD)No.3150 of 2023
R.M.Chockalingam ... Petitioner/Petitioner/Plaintiff
Vs.
Karaikudi Municipality,
Represented by its Commissioner,
Karaikudi,
Sivagangai District. ... Respondent/Respondent/Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to direct the learned District Munsif Court,
Karaikudi, to dispose of the Execution Petition in E.P.No.75 of 2022
in O.S.No.188 of 2005 within a time frame as fixed by this Court.
For Petitioner : Mr.P.Mani Anandh
ORDER
This Civil Revision Petition has been filed seeking a direction
to the District Munsif, Karaikudi, to dispose of the Execution
Petition in E.P.No.75 of 2022 in O.S.No.188 of 2005 within a time
frame as fixed by this Court.
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2. In view of the relief sought for in this revision, notice to the
respondent is dispensed with. This Civil Revision Petition is taken
up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner submits that a sale
deed dated 23.06.2004 was executed in favour of the petitioner
through power agent one S.Kumar S/o.Sankaranarayanan in respect
of the property in Plot No. 10A comprised in Sub- Divided Town
S.No.511/1A1A1A1B having an extent of 4429 Sq.ft situated at
Sekkalai Kottai Village, Karaikudi, Sivagangai District. The learned
counsel for the petitioner would further submit that the officials of
the respondent Municipality prevented the petitioner from fencing
and trespassed into the property, put up compound wall on the
eastern side and put up Gymnastic Bar, Cement Slab Benches, Motor
Room and Platforms for Footpath. The petitioner filed a suit in
O.S.No. 188 of 2005 on the file of the Principal District Munsif cum
Judicial Magistrate Court, Karaikudi, for permanent and mandatory
injunction against the respondent.
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4. The learned counsel for the petitioner submits that after
full-fledged trial, the Principal District Munsif cum Judicial
Magistrate, Karaikudi decreed the suit in favour of the petitioner. In
A.S.No.51 of 2011, the learned Subordinate Judge, Devakottai,
confirmed the said judgment and decree. This Court, in S.A.
(MD).No.382 of 2020 by its judgment dated 24.10.2020, had once
again confirmed the same. Even thereafter, the respondent
municipality did not comply the direction issued by the trial court.
5. The learned counsel for the petitioner also submits that in
the meanwhile, power agent namely,S.Kumar S/o.Sankaranarayanan
passed away and in the month of November 2020, the petitioner
filed an Execution Petition in E.P.No.44 of 2020 and thereafter, the
same was transferred to the file of the District Munsif Court,
Karaikudi and re-numbered as E.P.No.75 of 2022. The learned
counsel would further submits that in the said Execution Petition,
notice was served on 03.02.2021 and though the respondent
appeared on 18.03.2021 itself, the case has been repeatedly
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adjourning for more than 15 hearings for filing of vakalat and
counter by the respondent and finally, on 26.08.2022, the respondent
filed his counter. The learned counsel would contend that even
thereafter, the Execution Petition is kept pending till now without
any valid reasons. He prays for a direction to dispose of the said
Execution Petition.
6. Heard the learned counsel for the petitioner and perused the
records available on record.
7. Initially, the suit was filed in the year 2005 and the
Execution Petition was filed in the year 2020. Though the petitioner
was successful in all the further proceedings, the petitioner could not
enjoy the fruit of the decree till now.
8. Considering the facts and circumstances of the case, this
Court is inclined to issue a direction to the court below in the
interest of justice.
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9. Accordingly, the District Munsif, Karaikudi, is directed to
dispose of E.P.No.75 of 2022 within a period of two months from
the date of receipt of a copy of this order.
10. In the result, this Civil Revision Petition is disposed of.
11. No costs.
01.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
CM
To,
1.The District Munsif Court, Karaikudi
2.The Section Officer, V.R. Section, Madurai Bench of Madras High
Court, Madurai.
https://www.mhc.tn.gov.in/judis
BATTU DEVANAND, J.
CM
01.12.2023
https://www.mhc.tn.gov.in/judis
