K.Santhanam vs A.Anbukkarasu on 20 December, 2022

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Madras High Court

K.Santhanam vs A.Anbukkarasu on 20 December, 2022

Bench: B.Pugalendhi

                                                                    C.R.P PD(MD)No.2362 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Dated: 20.12.2022

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                             C.R.P(MD)No.2362 of 2022
                     K.Santhanam                                            ... Petitioner

                                                           Vs

                     A.Anbukkarasu                                          ... Respondent
                     PRAYER: Civil Revision Petition is filed under Article 227 of the
                     Constitution of India, to direct the learned VI Additional District Judge,
                     Madurai to expedite the trial in E.P.No.113 of 2019 in O.S.No.177 of
                     2007 on its file, within a time frame as may be fixed by this Court.
                                          For Petitioner         : Mr.R.G.Shankaraganesh
                                          For Respondent         : Mr.PTS.Narendravasan

                                                      ORDER

The petitioner, who is the decree holder in O.S.No.177 of 2007 has filed this Civil Revision Petition for an early disposal of E.P.No.113 of 2019 in O.S.No.177 of 2007, pending on the file of the VI Additional District Court, Madurai.

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2.The grievance of the petitioner is that though he obtained a decree in O.S.No.177 of 2007 on 28.04.2009, he could not enjoy the fruits of the decree, in view of the appeal filed by the judgment debtor.

Now the matter according to the learned counsel is finalized upto the Honourable Supreme Court and thereafter the execution proceedings in E.P.No.113 of 2019 was filed in the year 2019 and the same is kept pending without any progress. Hence, the petitioner has come up with this present Civil Revision Petition seeking for an early disposal of E.P.No.113 of 2019 in O.S.No.177 of 2007.

3.Heard the learned counsel appearing for the petitioner.

4.Considering the fact that the issue has already been decided upto the Honourable Supreme Court and the execution proceedings is pending from the year 2019, the learned VI Additional District Judge, Madurai is directed to dispose of E.P.No.113 of 2019 in 2/4 https://www.mhc.tn.gov.in/judis C.R.P PD(MD)No.2362 of 2022 O.S.No.177 of 2007, within a period of eight weeks 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.

20.12.2022 Index : Yes / No. Internet : Yes / No. vrn To The VI Additional District Court, Madurai.

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https://www.mhc.tn.gov.in/judis C.R.P PD(MD)No.2362 of 2022 B.PUGALENDHI, J.

vrn C.R.P(MD)No.2362 of 2022 20.12.2022 4/4 https://www.mhc.tn.gov.in/judis

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