Madras High Court
E.K.Palanisami vs Parvathi on 30 October, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P.No.4420 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.4420 of 2024
E.K.Palanisami ... Petitioner
Vs
1. Parvathi
2. R.Sivakumar
3. Neelavathi ... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of Constitution of
India, pleased to direct the I Additional District Court, Erode, to dispose off the
execution proceedings in E.P.No.3 of 2024 in O.S.No.52 of 2011 at an early date
For Petitioner : Mr.P.Valliappan, Senior Advocate
for PV Law Associates
ORDER
This Civil Revision Petition has been filed by the petitioner seeking for a
direction to the I Additional District Court, Erode, for the speedy disposal of the
E.P.No.3 of 2024 in O.S.No.52 of 2011.
2. It is the case of the petitioner that the suit filed by the plaintiff/petitioner
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against the respondents/defendants in O.S.No.52 of 2011 before the I Additional
District Court, Erode, for specific performance or refund of advance amount,
permanent injunction and other reliefs, was decreed on 21.01.2014 after full
fledged trial. Thereafter, respondents 1 and 3 had filed the appeal suit before this
Court in A.S.No.289 of 2014 and the same was partly allowed by this Court vide
common judgment dated 22.02.2023. Thereafter, the petitioner had filed an
execution petition before the I Additional District Court, Erode on 31.10.2023 and
it came to be numbered as E.P.No.3 of 2024. While so, aggrieved over the
judgment passed in A.S.No.289 of 2014, the respondents 1 and 3 have also filed a
Special Leave Petition before the Hon'ble Supreme Court and the same also came
to be dismissed on 29.07.2024. However, even thereafter, there is no progress in
the execution petition, hence, the present Civil Revision Petition has been filed.
3. Learned counsel for the petitioner submitted that the suit filed by the
petitioner/plaintiff was decreed in favour of the petitioner in the year 2014 and the
appeal filed against the same was partly allowed by this Court on 22.02.2023, and
further, the special leave petition preferred before the Hon'ble Apex Court has also
dismissed on 29.07.2024. However, the execution petition is adjourned without
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any reasons and further, even after getting the decree in favour, the petitioner is
unable to enjoy the fruits of the decree. Hence, he seeks for a direction to the
executing Court to dispose of the Execution Petition filed by the petitioner within a
specified time frame.
4. Heard the learned counsel for the petitioner and perused the materials
available on record.
5. On perusal of records, it is seen that the suit filed by the petitioner was
decreed in the year 2014 and despite the dismissal of the Special Leave Petition
filed by the respondents, the execution petition filed by the petitioner on
31.10.2023 and numbered as E.P.No.3 of 2024 is still pending. The Hon'ble Apex
Court, in Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others, reported in
(2021) 6 SCC 418, while dealing with the delay in the execution proceedings have
issued certain directions and also held that the Executing Court must dispose of the
Execution Proceedings within six months from the date of filing, which may be
extended only by recording reasons in writing for such delay.
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6. In view of the above, this Civil Revision Petition stands allowed with a
direction to the I Additional District Court, Erode, to dispose of the Execution
Petition in E.P.No.3 of 2024 in O.S.No.52 of 2011, as expeditiously as possible,
preferably, within a period of four months from the date of receipt of a copy of
this order. No costs.
30.10.2024
Index : Yes / No
Neutral Citation : Yes / No
ham
To
The I Additional District Court,
Erode.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.
ham
30.10.2024
https://www.mhc.tn.gov.in/judis
