Civil revision petition allowed directing District Munsif Court, Trichy to dispose of pending execution petition expeditiously within two months in interest of justice.
Direction to District Munsif Court, Trichy to dispose of E.P.No.167 of 2014 within two months from receipt of order.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.882 of 2018
The Idol of Arulmigu Drowpathi Amman Kovil, Rep. by its Executive Officer, Ayyammal, E.V.R.Road, Puthur, Trichy-17. ... Petitioner/Petitioner/Plaintiff Vs.
1.A.Samuel 2.K.Jeyvani 3.A.Micheal Raj 4.C.Kadhar Moideen 5.Chinnappan ...Respondents/Respondents/ Defendants
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Learned District Munsif Court, Trichy to dispose the E.P.No.167 of 2014 as expeditiously within a stipulated time fix by this Hon'ble Court and allow this Civil Revision Petition.
For Petitioner : Mr.K.Kumar
O R D E R
The petitioner has filed this Civil Revision Petition to direct the District Munsif Court, Trichy for speedy disposal of E.P.No.167 of 2014 in O.S.No.713 of 1989, within a stipulated time.
2.The petitioner filed a suit in O.S.No.713 of 1989 before the III Additional District Munsif, Trichy, for recovery of portion and mesne profits. The learned III Additional District Munsif decreed the suit partly regarding 'D' Schedule property in the plaint schedule and granted mandatory injunction to demolish the construction made by the defendants and surrender the possession to the plaintiff temple, within a period of two months. Aggrieved against the same, the first defendant has filed an appeal before the I Additional Sub Court, Trichy in A.S.No.11 of 2004. The first appellate Court dismissed the appeal on 24.04.2006 and confirmed the judgment and decree of the trial Court. Against which, the first defendant filed the Second Appeal before this Court in S.A.No.277 of 2007. The said second appeal was dismissed https://hcservices.ecourts.gov.in/hcservices/ for default on 18.03.2003 and thereafter, it was restored. Thereafter, the petitioner filed E.P.No.167 of 2014 before the
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District Munsif Court, Trichy. The said E.P.No.167 of 2014 is pending without any progress from the year 2014. In the circumstances, the petitioner has come out with the present Civil Revision Petition for speedy disposal of E.P.No.167 of 2014.
3.I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record.
4.Taking into consideration the material facts and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the learned District Munsif Court, Trichy.
5.Accordingly, this Civil Revision Petition is allowed and the learned District Munsif, Trichy, is directed to dispose of the E.P.No.167 of 2014 in O.S.No.713 of 1989 as expeditiously as possible, on day-to-day basis, within a period of two months from the date of receipt of a copy of this order, No costs.
' Sd/-
Assistant Registrar(crl side)
/True Copy/
Sub Assistant Registrar
To
The District Munsif Court, Trichy.
AM
VB/SV/MMS/SAR2/14/05/2018/2P/2C
C.R.P.(PD)(MD)No.882 of 2018 23.04.2018
1 issue framed by the court
Whether a direction for speedy disposal of a pending execution petition is in the interest of justice.
The Idol of Arulmigu Drowpathi Amman Kovil, Rep. by its Executive Officer, Ayyammal
I.A.Samuel
M.V.MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
