Lalitha Subramanian vs Jey Yes Builders
2023 Latest Caselaw 13765 Mad

                                                                             C.R.P.No.3673 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 11.10.2023

                                                         CORAM:

                                  THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

                                                 C.R.P.No.3673 of 2023


                    Lalitha Subramanian                                        ...    Petitioner


                                                        -Vs-

                    Jey Yes Builders,
                    Partnership firm
                    rep. by its Partner Yacoob Ali                             ...   Respondent

                    Prayer: Civil Revision Petition is filed under Article 227 of the

                    Constitution of India, praying to direct the learned District Munsif Court,

                    Alandur to dispose E.P.No.177 of 2012 in O.S.No.508 of 2007

                    expeditiously and in any event not later than a time frame to be fixed by

                    this Hon'ble Court.

                                    For Petitioner             :   Ms. S.P.Arthi




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https://www.mhc.tn.gov.in/judis
                                                                              C.R.P.No.3673 of 2023




                                                        ORDER

The Revision Petitioner herein is the Decree Holder/Plaintiff in the

petition in E.P.No.177 of 2012 in O.S.No.508 of 2007 on the file of Addl.

District Munsif, Alandur.

2. Since the relief claimed by the Revision Petitioner only seeking a

direction for a speedy disposal, the notice to the respondents is dispensed

with.

3. The learned counsel for Revision Petitioner would submit that she

is aged about 68 years old lady filed a suit in the year of 2007 for the relief

of recovery of possession and the same was decreed in her favour.

Thereafter, she filed an Execution Petition in E.P.No. 177 of 2022 for

delivery of possession and the same is pending before the District Munsif,

Alandur. He would also submit that the suit was decreed earlier in the year

of 2010 and thereafter, an Execution Application was filed by the

Judgment Debtor for appointment of Advocate Commissioner under Sec.47

as early as in July 2014 and the same is pending from the year of 2014

https://www.mhc.tn.gov.in/judis C.R.P.No.3673 of 2023

without any progress. Therefore, she wanted to direct the trial court to

dispose the case as early as possible.

4. On perusal of e-court status, it reveals that the case was adjourned

on one occasion for orders and another occasion for arguments and

thereafter for evidence. So, for nearly about two years, the case was

adjourned without passing any order. Finally, it was posted on 06.10.2023,

but the order was not passed and again it was adjourned to 21.11.2023 as

per e-court status. So, considering the age of Revision Petitioner more than

68 years and a senior citizen and also the fact that the executing court

adjourned the matter endlessly, this Court is inclined to direct the

executing court to dispose the Execution Petition on merit as expeditiously

as possible within a period of eight weeks from the date of receipt of copy

of this order. Accordingly, this Civil Revision Petition is disposed of. No

costs.

11.10.2023 Index : Yes/No Speaking Order : Yes/No rpp

To The Addl. District Munsif, Alandur.

https://www.mhc.tn.gov.in/judis C.R.P.No.3673 of 2023

T.V.THAMILSELVI, J.

rpp

C.R.P.No.3673 of 2023

11.10.2023

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