ORDER

The Civil Revision Petition has been filed to direct III Additional District Judge, Tirunelveli, to dispose of the E.A.No.13 of 2022 in E.P.No.32 of 2011 in O.S.No.42 of 2006 pending on the file of the III Additional District Court, Tirunelveli, within a time frame that may be fixed by this Court.

2. According to the Revision Petitioner, he filed a suit in O.S.No.42 of 2006 and the same was decreed on 15.07.2009 directing the respondent/defendant to execute a cancellation deed, cancelling the sale deed dated 15.05.2006 in Doc.No.514 of 2006 within 15.09.2009. Against which, an appeal in A.S.No.261 of 2009 was preferred by the respondent / defendant and the same was dismissed on 23.02.2010 directing the respondent / defendant to execute the cancellation deed and also permitted the respondent to withdraw the amount of Rs.95,000/- which was deposited by the petitioner/ plaintiff. Thereafter, the respondent / defendant preferred S.L.P.No.998 of 2011 before the Apex Court and the same was dismissed on 04.01.2011. Thereafter, the petitioner / plaintiff filed E.P.No.31 of 2011 for execution of the decree. The said execution petition was dismissed on 11.02.2016. Against which the petitioner preferred C.R.P(MD)No.1666 of 2016 in which an order was passed on 03.09.2018 remitting back the matter to the Executing Court so as to proceed further in the manner known to law. Thereafter, the Executing Court passed an order dated 14.02.2020, in which the petitioner filed E.A.No.4 of 2020 and the same was allowed on 17.03.2021. Against which the respondent / defendant filed C.R.P. (MD)No.1104 of 2021 and the same was allowed on 09.11.2021. Against which, the Revision Petitioner filed a Review Petition before this Court and the same is still pending.

3. Whileso, the Revision Petitioner filed another application in E.A.No.13 of 2022 in E.P.No.32 of 2011 for redemption of mortgage in the property and for recovery of possession. In the said application, inspite of 9 adjournments, the respondent failed to file counter and prolonging the matter. The Trial Court without considering the above facts, periodically adjourned the matter without any valid reason. Hence, the petitioner was constrained to file this Civil Revision Petition, since the said Court is not inclined to dispose the matter expeditiously. Hence, the petitioner approached this Court for early disposal of the above E.A.No.13 of 2022. Hence, he prays for allowing the Civil Revision Petition.

4. Considering the limited prayer sought for in the Revision, notice to other side is deemed unnecessary.

5. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

6. On perusal of records and considering the arguments put forth by the learned counsel for the Revision Petitioner, it is seen that several adjournments given by the Trial Court for filing counter on the side of the respondent / defendant.

7. Considering the facts and circumstances of the case and the Execution Petition relates to the year 2011, this Court directs the learned III Additional District Judge, III Additional District Court, Tirunelveli, to dispose the E.A.No.13 of 2022 in E.P.No.32 of 2011 in O.S.No.42 of 2006, on merits and in accordance with law, without any unnecessary adjournments, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of copy of this order.

8. With the above direction, this Civil Revision Petition is disposed of. No costs.

18.08.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No RM To

1.The III Additional District Judge III Additional District Court, Tirunelveli.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

K.GOVINDARAJAN THILAKAVADI, J.

RM

18.08.2023