Madras High Court
Sahul Hameed vs Kaboor on 19 December, 2018
Author: J.Nisha Banu
Bench: J.Nisha Banu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.12.2018
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P.(PD)(MD)No.2817 of 2018
1.Sahul Hameed
2.Alimal Beevi ... Petitioners
Vs.
1.Kaboor
2.Mohammed Ali
3.Syed Mohammed
4.Sheik Mydeen
5.Aliappa
6.Nagoor Meeral
7.Jainulabdeen
8.Sahul Hameed
9.Jeenath
10.Mohideen Fathumal
11.Syed Mohamed Buhari ... Respondents
http://www.judis.nic.in
2
PRAYER: Petition filed under Article 227 of the Constitution of India
seeking a direction to the learned Principal District Munsif, Tirunelveli
to dispose of E.A.No.310 of 2018 in E.P.No.83 of 2014 in O.S.No.86 of
2004, within a stipulated time frame.
For Petitioners : Mr.H.Arumugam
*****
ORDER
Suit in O.S.No.86 of 2004 was decreed as prayed for in the year 2012 and the petitioners and the third respondent herein had filed E.P.No.83 of 2014 to execute the same. Pending EP, respondents 10 and 11 herein had filed E.A.No.354 of 2017 to issue notice to all other respondents therein. This EA was dismissed vide order dated 14.02.2018. In the meantime, respondents 1 and 2 herein have filed obstructor petition in E.A.No.310 of 2018 and the same is still pending. In the interregnum period, the respondents 1 and 2 herein have filed another application in E.A.No.356 of 2018 to receive reply counter. Alleging that the respondents are filing petition after petitions so as to prolong the proceedings, the petitioners are before this Court seeking a direction to the Court below for early disposal of E.A.No.310 of 2018 in E.P.No.83 of 2014 in O.S.No.86 of 2004. http://www.judis.nic.in 3
2. Heard the learned Counsel appearing for the petitioners. Notice to the respondents is dispensed with, since the prayer sought for in this civil revision petition is for early disposal.
3. Perusal of records would fortify the contention of the learned Counsel for the petitioners. Though the suit was decreed as early as in the year 2012, the petitioners are still not able to enjoy the fruits. Under such circumstances and also considering the limited scope of the relief sought for, this Court, without going into the merits of the case, directs the learned Principal District Munsif, Tirunelveli to dispose of E.A.No.310 of 2018 in E.P.No.83 of 2014 in O.S.No.86 of 2004, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
4. With the above direction, the civil revision petition is disposed of. No costs.
Internet : Yes/No 19.12.2018
Index : Yes/No
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http://www.judis.nic.in
4
J.NISHA BANU,J.
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To
The Principal District Munsif,
Tirunelveli.
C.R.P.(PD)(MD)No.2817 of 2018
19.12.2018
http://www.judis.nic.in