Madras High Court
V.Amirtham vs L.M.Pethan(Died) on 23 November, 2023
C.R.P.(MD)No.2949 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.2949 of 2023
V.Amirtham : Petitioner/Petitioner/Plaintiff
Vs.
L.M.Pethan(died)
P.Ramalingam(died)
1.N.Dhanalakshmi
2.J.Vijaya
3.P.Alagesan : Respondents/Respondents/
Defendants
PRAYER:- Civil Revision Petition is filed under Article 227 of the Constitution of
India to direct the District Munsif cum Judicial Magistrate, Srirengam to complete
the execution proceedings in E.P.No.8 of 2021 in O.S.No.178 of 2005, on the file file
of the same Court within the stipulated time fixed by this Court.
For Petitioner : Mr.K.R.Manimaran
ORDER
The Civil Revision Petition has been filed seeking a direction to dispose of the
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execution petition in E.P.No.8 of 2021 in O.S.No.178 of 2005, on the file file of the
District Munsif cum Judicial Magistrate, Srirengam, within the stipulated time fixed
by this Court.
2. I have heard the learned counsel appearing for the revision petitioner. Since
the revision petition is filed for early disposal of the case, the issuance of notice to
the respondents is not necessary.
3. Though the revision petition is filed seeking a direction to dispose of E.P.No.
8 of 2021, when the matter was taken up for hearing, the learned Counsel for the
petitioner would submit that a compromise decree came to be passed on 23.09.2011
in O.S.No.178 of 2005, that since the judgment debtors have not complied to the
terms of the decree, the revision petitioner laid the execution petition in E.P.No.8 of
2021 and that the execution petition was ordered, that the respondents have
obstructed to execute the same and hence, the revision petitioner filed (*)
E.A.No.2 of 2023 seeking a direction to demarcate the pathway with the assistance
of the Sub-Inspector of Survey by planting survey stones on four corners of the
pathway and to take appropriate and necessary action against the concerned officers
and the same is pending without any progress, the learned Counsel for the
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petitioner seeks speedy disposal of (*) E.A.No.2 of 2023.
4. Considering the fact that the compromise decree came to be passed on
23.09.2011 in O.S.No.178 of 2005, the Execution Court is hereby directed to proceed
with the enquiry in (*) E.A.No.2 of 2023 and dispose of the same within a period of
six months from the date of receipt of a copy of this order.
5. With the above direction, the Civil Revision Petition is disposed of. There
shall be no order as to costs.
Sd/-
Assistant Registrar(CS II)
(*)Corrected as per the order of this Court dated 18/01/2024 made in CRP(MD)No.
2949 of 2023
Sd/-
Assistant Registrar( CS II )
// True Copy //
/02/2024
Sub Assistant Registrar
(CS - I/ II / III / IV)
SSL
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To
(*) To be substituted to the order already despatched on 14.12.2023
1. The District Munsif cum Judicial Magistrate Court,
Srirengam.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai. (2 COPIES)
+1 CC to M/s.K.R.MANIMARAN, Advocate ( SR-53142[F] dated 24/11/2023 )
23.11.2023
RD(06/12/2023) 4P / 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from
17.07.2023.
SK (08.02.2024) 4P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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