Supreme Court - Daily Orders
M. Chinnamuthu (Dead) vs Kamaleshan @ Shanmugam (Dead) Through ... on 18 February, 2022
Bench: M.R. Shah, B.V. Nagarathna
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ITEM NOS.21+25 Court 12 (Video Conferencing) SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 2198/2022
(Arising out of impugned final judgment and order dated 07-08-2020 in
CRPNPD No. 4424/2011 passed by the High Court Of Judicature At Madras)
M. CHINNAMUTHU (DEAD) Petitioner(s)
VERSUS
KAMALESHAN @ SHANMUGAM (DEAD) THROUGH LRS Respondent(s)
(IA No.20646/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA
No.20645/2022-APPLN. FOR SUBSTITUTION & IA No.20647/2022-EXEMPTION FROM
FILING O.T.)
WITH SLP (C) No. 2298/2022
(IA No. 21345/2022 – EXEMPTION FROM FILING CERTIFIED COPY OF THE IMPUGNED
JUDGMENT AND IA No. 21346/2022 – EXEMPTION FROM FILING O.T.)
Date : 18-02-2022 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. R. Basant, Sr. Adv.
Mr. R. Anand Padmanabhan, Adv.
Mr. Shashi Bhushan Kumar, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
The present proceedings initiated by the judgment-debtor are nothing but an abuse of process of law and the Court. It is very unfortunate that an order which was passed in favour of the respondent judgment-creditor for eviction of the petitioner passed on 28.08.1989 is yet not permitted to be executed by the judgment- debtor by initiating the proceedings one after another. It is very unfortunate that even after a period of 33 years, the judgment- creditor in whose favour the order is passed in the year 1989 is Signature Not Verified Digitally signed by R Natarajan Date: 2022.02.21 not able to enjoy the fruit of the litigation and the decree passed 16:51:49 IST Reason: in his favour. It is rightly said that in our justice delivery system, the real litigation starts only after the decree is passed 2 and the judgment-creditor has to wait for number of years for enjoying the fruit of the decree and the litigation. If such a delayed tactics is permitted, the litigant would lose the confidence in the justice delivery system. Every litigation has to put to an end at a particular time. The judgment-creditor is entitled to enjoy the fruit of the litigation within a reasonable time. As observed herein above, this is a clear example of the abuse of the process of law and the Court and not permitting the judgment-creditor to get the benefit under the decree which is passed in his favour in the year 1989.
It is also to be noted that even before the original judgment- creditor enjoy the fruit of the decree in his favour, unfortunately he died. During his lifetime, he could not enjoy the fruit of the decree. Even the original respondent has also died during the pendency of the proceedings. The present Special Leave Petitions stand dismissed with cost which is quantified at Rs.25,000/- (Twenty Five Thousand only) to be paid by the petitioner(s) with the Tamil Nadu State Legal Services Authority, Chennai within a period of four weeks from today.
The Executing Court is directed to finally decide and dispose of the execution proceedings within a period of six months from the date of receipt of the present order. All concerned are directed to cooperate with the learned Executing Court to finally decide and dispose of the execution proceedings at the earliest and within the time as stated herein above.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER