Senthilmurugappan vs Palanivelu
2023 Latest Caselaw 15143 Mad

Madras High Court

Senthilmurugappan vs Palanivelu on 28 November, 2023

                                                                                    C.R.P.(MD)No.3035 of 2023


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                       DATED: 28.11.2023

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                              C.R.P.(MD)No.3035 of 2023

        1. Senthilmurugappan

        2. Ramanathan
           both are represented by their Mother
           and power agent Visalakshi achi                             ... Petitioners


                                                         Vs.


        Palanivelu                                              ... Respondent

        Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of
        India, to direct the learned District Munsif Court, Pudukkottai to expedite the
        execution proceedings in E.P.No.32 of 2022 in R.C.O.P.No.3 of 2018 within a time
        frame as may be stipulated by this Court.

                            For Petitioners   : Mr.M.Mahaboob Athiff

                                                      ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the

execution proceedings in E.P.No.32 of 2022 in R.C.O.P.No.3 of 2018, pending on the

file of the District Munsif Court, Pudukkottai, within a period stipulated by this

Court.

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

2. Since the revision petition is filed for early disposal of the case, the issuance

of notice to the respondent is not necessary.

3. The learned counsel appearing for the revision petitioners would submit

that the revision petitioners have filed an eviction petition in R.C.O.P.No.3 of 2018

and after trial, eviction was ordered on 17.10.2022 and that subsequently, the

revision petitioners/decree holder have laid an execution petition for delivery and

the same is pending in E.P.No.32 of 2022 on the file of the District Munsif Court,

Pudukkottai.

(*) “4. When the matter is taken up for hearing today, the learned counsel

appearing for the revision petitioners would submit that the respondent/judgment

debtor has already preferred an appeal in R.C.A.No.1 of 2023 before the Principal

Subordinate Court, Pudukkottai and that the appeal is pending for arguments and

stands posted on 11.01.2024.

5. Considering the submission made by the learned counsel appearing for the

revision petitioners, the learned Principal Subordinate Judge, Pudukkottai, is

hereby directed to hear the appeal in R.C.A.No.1 of 2023 and dispose of the same

within a period of four (4) months from the date of receipt of copy of this order.” https://www.mhc.tn.gov.in/judis

6. With the above direction, this Civil Revision Petition is disposed of. No

costs.

Sd/-

Assistant Registrar (A.E)

(*)Corrected as per the order of this Court dated.08.01.2024 in CRP(MD) No.3035 of 2023 Sd/-

                                                            Assistant Registrar(A.E)
                                  // True Copy //


                                                                        /03/2024
                                                        Sub Assistant Registrar(CS         )

        csm



        To

(*) To be Substituted to the order already despatched on 28/11/2023

1. The District Munsif , Pudukkottai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.MAHABOOB ATHIFF, Advocate ( SR-53794[F] dated 29/11/2023 )

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

Dated : 28.11.2023

AMS/28.12.2023 4P 5C SSA/11.03.2024 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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