Madras High Court
C.Jayaraman vs G.Gokuldas on 21 September, 2016
Author: M.Duraiswamy
Bench: M.Duraiswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.09.2016 CORAM THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.814 of 2016 C.Jayaraman ... Petitioner Vs 1.G.Gokuldas rep by his authorized Power of Attorney 2.S.Natarajan 3.T.Bakeerathan 4.S.Satheesh Naveen 5.C.Vinithra 6.S.Ilayaraja 7.R.Lalitha Y.S.R.Moorthy (Deceased) 8.Devaraj 9.Thapasi Mary 10.Y.Eknath 11.Y.Sharma ... Respondents (R8 to R11 given up vide order dated 12.07.2016 made in C.R.P.(NPD). No.814 of 2016) Civil Revision Petition under Article 227 of the Constitution of India against order made in E.A.No.33 of 2015 in E.P.No.36 of 2014 on the file of the Registrar, Court of Small Causes, Chennai. For Petitioner : Mr.PL.Narayanan For Respondents : Mr.C.P.Sivamohan (R1, R3 to R6) R2, R7 no appearance R8 to R11 given up O R D E R
The Decree Holder in E.P.No.36 of 2014 in Ejectment Suit No.5 of 1999 on the file of the Registrar, Court of Small Causes, Chennai has filed the above Civil Revision Petition for dismissal of the application filed under Section 47 of the Civil Procedure Code in E.A.No.33 of 2015 in E.P.No.36 of 2015 pending on the file of the Registrar, Court of Small Causes, Chennai.
2.Mr.PL.Narayanan, learned counsel appearing for the petitioner submitted that the revision petitioner filed his counter raising a query with regard to the maintainability of the application filed under Section 47 of the Civil Procedure Code and the Executing Court, without deciding the issue with regard to the maintainability of the application, is periodically adjourning the matter. Further, the learned counsel submitted that the Ejectment Suit was filed in the year 1999 and the decree was passed in the year 2013. Though the litigation is pending for more than 17 years, the same has not reached finality yet.
3.It is also brought to the notice of this Court that the respondents 1 to 7 have also filed applications in E.A.No.31 of 2015 to implead themselves in the Execution Petition and E.A.No.32 of 2015 to stay the Execution Petition till the disposal of the suit in C.S.No.650 of 2015 on the file of this Court.
4.Since the revision petitioner has already filed his common counter in all these applications raising all defences available to him, including the issue of maintainability of the application filed under Section 47 of the Civil Procedure Code, I am of the view that the Executing Court can be directed to dispose of all the applications within the time frame and also can be directed to dispose of the Execution Petition within a stipulated time.
5.In view of the same, without going into the merits of the matter, I direct the Registrar, Court of Small Causes, Chennai to dispose of all the applications in E.A.Nos.31 to 33 of 2015 in E.P.No.36 of 2014 in Ejectment Suit No.5 of 1999 within three weeks from the date of receipt of a copy of this order and I also direct the Registrar, Court of Small Causes, Chennai to dispose of the Execution Petition in E.P.No.36 of 2014 within one month from the date of disposal of the applications in E.A.Nos.31 to 33 of 2015.
6.With these observations, the Civil Revision Petition is disposed of. It is open to the parties to produce the copy of this order before the Registrar, Court of Small Causes, Chennai for compliance of the directions given by this Court. No costs.
Index : No 21.09.2016 Internet : Yes va Note: Issue order copy on 23.09.2016. To 1.The Registrar, Court of Small Causes, Chennai. M.DURAISWAMY,J. va C.R.P.(NPD).No.814 of 2016 21.09.2016 CRP (NPD)No.814 of 2016 M. DURAISWAMY,J.,
At the instance of the learned counsel for the petitioner, the matter has been listed under the caption Being Mentioned .
2. Mr.PL. Narayanan, learned counsel, appearing for the petitioner, submitted that inspite of the order passed by this Court in CRP (NPD) No.814 of 2016 dated 21.09.2016, directing the Registrar, Court of Small Causes, Chennai to dispose of all the applications in E.A.Nos.31 to 33 of 2015 in E.P.No.36 of 2014 in Ejectment Suit No.5 of 1999 within three weeks from the date of receipt of a copy of the order, the Registrar has not disposed of the same yet. Further, the learned counsel submitted that the Registrar had ordered paper publication to the unserved respondents.
3. Mr.C.P. Sivamohan, learned counsel, appearing for the respondents 1, 3 to 6 submitted that the respondents had already effected paper publication in respect of the unserved respondents in E.A.Nos.31 to 33 of 2015 and the matters are listed for hearing before the Registrar, Court of Small Cause on 24.10.2016.
M. DURAISWAMY,J., sr
4. Since this Court had already directed the Registrar to dispose of the application within three weeks, once again, I direct Registrar, Court of Small Causes, Chennai to dispose of all the applications on or before 07.11.2016 and report the same to the Registrar General of this Court. In other aspects, the order passed on 21.09.2016 shall stand unaltered.
20-10-2016 sr Index:no website:yes Note:Issue Order copy Today To The Registrar, Court of Small Causes, Chennai.
CRP(NPD)No.814 of 2016