S.Thilagavathi vs Periya Natchammal
2024 Latest Caselaw 73 Mad

Madras High Court

S.Thilagavathi vs Periya Natchammal on 2 January, 2024

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                           C.R.P(MD)No.3405 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 02.01.2024

                                                      CORAM

                                   THE HON'BLE MR.JUSTICE G.ILANGOVAN

                                           C.R.P(MD)No.3405 of 2023

                     1.S.Thilagavathi
                     2.Selvarani
                     3.Geetha
                     4.Minor Balaji Sidarth                .. Petitioners/Judgment
                                                                      Creditor/Plaintiffs
                     [3rd       respondent      is
                     represented     by    natural
                     guardian Geetha / 3rd
                     petitioner herein]

                                                     Vs.

                     1.Periya Natchammal
                     2.Rajambal
                     3.Anburaj
                     4.Kumar
                     5.Lakshmi
                     6.Usha
                     7.Senthil Kumar                       .. Respondents /
                                                             Judgement Debtor/
                                                              1st defendant's legal heirs




https://www.mhc.tn.gov.in/judis
                     Page No.1/6
                                                                            C.R.P(MD)No.3405 of 2023


                     Prayer: Civil Revision Petition filed under Article 227 of the

                     Constitution of India, to direct the learned District Munsif, Kulithalai,

                     Karur District to expedite the proceedings in EP.No.7 of 2020 in OS.No.

                     167 of 1987 and to complete the execution proceedings within a period

                     stipulated by this Court.

                                        For Petitioners: Mr.R.Aravindraj


                                                    ORDER

This Civil Revision Petition has been filed to direct the

learned District Munsif, Kulithalai, Karur District, to expedite the

proceedings in EP.No.7 of 2020 in OS.No.167 of 1987 and to complete

the execution proceedings within a period stipulated by this Court.

2. The suit in O.S.No.167 of 1987 was filed by the

plaintiffs/Petitioners herein for recovery of possession and for mesne

profit before the learned Additional District Munsif, Kulithalai. After

adjudication, the trial Court dismissed the suit against which the

plaintiffs filed an appeal in A.S.No.104 of 1995 before the learned

Subordinate Judge, Kulithalai, Karur District. The said appeal was

allowed by setting aside the judgment passed in the suit. Against which

the defendants filed a second appeal before this Court in S.A.NO.331 of https://www.mhc.tn.gov.in/judis

1997. This Court, by judgment dated 23.03.2021, confirmed the

judgment and decree passed in the appeal suit in A.S.No.104 of 1995.

The petitioners filed execution petition seeking execution of the decree.

Pending EP proceedings, since the 5th respondent was set exparte, he

filed EA in E.A.No.6 of 2023 to set aside the exparte order. In that EA,

though the 1st petitioner herein filed her counter as early on 27.03.2023,

the execution Court granted adjournments periodically till 01.11.2023.

Further the 4th respondent/judgment debtor is seeking adjournment to

drag on the proceedings. Hence, he seeks speedy disposal of the

execution petition.

3. Heard the learned counsel for the petitioners and perused

the materials available on record.

4. Though the 5th respondent namely, Kumar was set expare,

the second appeal was disposed of on merits by this Court. Hence,

considering the submission of the learned counsel for the petitioners and

also considering the facts and circumstances of the case, this Court

directs the learned District Munsif, Kulithalai, Karur District to expedite

the proceedings in EP.No.7 of 2020 in O.S.No.167 of 1987 and complete

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

the process of execution within a period of three months from the date of

receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is

disposed of. No Costs.

                                                                                     02.01.2024
                     Index     : Yes/No
                     Internet : Yes/No
                     NCC      : Yes/No
                     PJL


                     To
                     1. The District Munsif,
                     Thirumangalam.

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




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






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                                         G.ILANGOVAN, J.

                                                              PJL









                                                    02.01.2024




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