C.R.P(MD)No.2031 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 18.08.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN

THILAKAVADI

C.R.P(MD)No.2031 of 2023

Ponnarasu

... Revision Petitioner

Vs.

Rajesh Panneer Kumar

... Respondent

Prayer : Civil Revision Petition is filed under Article 227 of the

Constitution of India, to direct the III Additional District Court,

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 within a period stipulated by this Court.

For Petitioner

: Mr.S.M.Mohan Gandhi

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C.R.P(MD)No.2031 of 2023

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

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C.R.P(MD)No.2031 of 2023

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,

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C.R.P(MD)No.2031 of 2023

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 Di