2022 Supreme(Online)(Mad) 50478
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S. SOUNTHAR
C.Balaraman – Appellant
Versus
C.Natarajan – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.09.2022 CORAM:
THE HONOURABLE MR. JUSTICE S.SOUNTHAR C.R.P(NPD)No.2785 of 2022 C.BALARAMAN ... Petitioner Vs.
C.Natarajan ... Respondent PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to fix a time frame to complete the Execution Proceedings in E.P.No.22 of 2021 on the file of District Munsif Court, Sriperumbudur.
For Petitioner : Mr.R.Sampath Kumar
O R D E R
This Civil Revision Petition is filed under Article 227 of the Constitution of India, to fix a time frame to complete the Execution Proceedings in E.P.No.22 of 2021, pending on the file of District Munsif Court, Sriperumbudur.
2.The petitioner obtained a decree for recovery of possession. The Revision Petitioner / decree holder has come out with this Revision, seeking a direction to the Executing Court to dispose of E.P.No.22 of 2021 on the file of District Munsif Court, Sriperumbudur within a time frame.
3.Heard the learned counsel for Revision Petitioner and perused typed set of papers.
4. The reading of docket entry in Execution Petition makes it clear that notice in E.P.No.22 of 2021 was served on the Judgement Debtor and the counsel also entered appearance on 04.09.2021. Thereafter, the E.P.No.22 of 2021 has been adjourned from time to time for filing counter. It appears that on 10.06.2022, the learned counsel for the Judgement Debtor filed a Memo stating that he had preferred an appeal and the same was dismissed for default. It was also mentioned in the Memo that the Judgement Debtor had filed a petition to setaside the order of dismissal for default. After recording the Memo, E.P.No.22 of 2021 was adjourned to 04.08.2022.
5.Learned counsel for the petitioner submitted that the revision petitioner did not receive any notice in the alleged application filed by the respondent to setaside the order of dismissal for default in Appeal No.101 of
2016.
6.In view of limited prayer made in Civil Revision Petition, this Court proceed to dispose Revision even without notice to respondent.
7.Taking into consideration that there is no substantial progress in E.P.
Proceedings from 04.09.2021 and E.P. is pending for more than one year in counter stage, a direction is issued to the Executing Court to dispose of the E.P.No.22 of 2021 in O.S.No.84 of 2011 as expeditiously as possible within a period of four (4) months from the date of receipt of a copy of this order.
8.This Civil Revision Petition stands disposed of accordingly at the admission stage itself. No costs.
06.09.2022 kas Note: Office to Issue Order Copy on 07.09.2022 S.SOUNTHAR, J., kas To The District Munsif Court Sriperumbudur C.R.P(NPD)No.2785 of 2022
06.09.2022