S. M. SUBRAMANIAM
T. S. Murugesan – Appellant
Versus
E. Kanniappan – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and Decreetal order dated 28.10.2022 made in E.A.No.204 of 2018 in E.P.No.92 of 2010 in R.C.O.P No.32 of 2005 on the file of the Principal District Munsif, Alandur and thereby allowing the above revision.]
1. The Civil Revision Petition has been filed against the order and Decreetal order dated 28.10.2022 passed in E.A.No.204 of 2018 in E.P.No.92 of 2010 in RCOP No.32 of 2005.
2. The revision petitioner is the tenant and the respondent/landlord instituted proceedings for eviction in RCOP No.32 of 2005.
3. It is not in dispute that an ex-parte decree of eviction was passed in RCOP No.32 of 2005 on 09.02.2010 itself. The respondent/ decree holder filed Execution Proceedings in E.P.No.92 of 2010 and the said Execution Petition is pending unfortunately for the past about 12 years.
4. A decree holder obtained an order of eviction in the year 2010 is struggling to get vacant possession of his own premises for the past about 12 years, which would show the displeasure on the system itself in delivering justice to the citizen within a reasonable period of time. It is a classic
Mere pendency of second appeal without stay does not bar execution of eviction decree.
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