The court directed the Sub-Judge, Harur, to dispose of R.E.A.No.75 of 2019, filed for appointment of an Advocate Commissioner to identify property shares, within six months to prevent further protraction of pending execution proceedings.
The Learned Sub-Judge, Harur, is directed to dispose of R.E.A.No.75 of 2019 preferably within a period of 6 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(NPD).No.1991 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 17.09.2021
Coram::
THE HONOURABLE Mr.JUSTICE G.CHANDRASEKHARAN
C.R.P(NPD).No.1991 of 2021
Hiyath Khan
S/o.Ajeeskhan, ... Petitioner
/versus/
1. Smt.Rumar Begam,
W/o.Late Niyamathullah Sherif
2. Ammu Vubera,
W/o.Late Niyamathullah Sherif
3. Minor Amir Taj,
S/o.Late Niyamathullah Sherif,
4. Minor Shabigullah Sherif,
S/o.Late Niyamathullah Sherif,
5. Minor Sherif,
S/o.Late Niyamathullah Sherif,
(Respondents 3 and 5 are minors
represented their guardian next friend and
Mother viz., 1 st respondent)
All are residing at Thenkarai Kottai Village & Post, Pappirettipatti Taluk, Dharmapuri District. ... Respondents
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Learned Sub-Judge, Harur, to speedy dispose petition
C.R.P(NPD).No.1991 of 2021
in R.E.A.No.75 of 2019 in R.E.P.No.43 of 2012 in O.S.No.73 of 2005 on the file of the Sub-Judge, Harur.
For Petitioner : Mr.K.Balaji
O R D E R
This Petition is filed seeking direction to the Learned Sub-Judge,
Harur, for speedy disposal of R.E.A.No.75 of 2019 in R.E.P.No.43 of 2012 in
O.S.No.73 of 2005.
2. The Learned Counsel for the petitioner submitted that, in a suit for
specific performance, the decree was passed on 30.01.2006. The petitioner filed execution petition in the year 2012. It is further submitted that the judgment debtors/respondent filed an application to set aside the exparte decree and filed an application in R.E.A.No.75 of 2019 under Section 47 of C.P.C. Both the petitions were dismissed.
3. Against the said order of dismissal, the Civil Revision Petitions Nos.4315, 4316 & 4317 of 2018 was filed by the respondents. These Civil
Revision Petitions had been disposed of, on 11.07.2019, with the following observations:-
C.R.P(NPD).No.1991 of 2021
“ 7. From the consideration of all these facts, it is clear that the petitioners are entitled to one acre of the total extent of four acres land as their share and the respondents are entitled to 2.65 acres of land having purchased the same through a decree passed in a specific performance suit. It only remains to identify the respective shares of both the parties . At this stage, the petition to set aside the exparte decree as well as the petition under section 47 CPC in an execution petition are not maintainable. Since the matter is clarified, it is open to the parties to work out the remedies before the execution Court to appropriate their respective shares, to which they are legally entitled.”
4. In pursuance of this observation, the petitioner filed R.E.A.No.75 of
2019, for appointment of Advocate Commissioner along with the Surveyor to identify the property. This application is pending without any progress. The respondents are filing unnecessary applications to protract the proceedings and therefore, this petition is filed.
5. Considered the submissions made by the Learned Counsel for the
petitioner and perused the records.
C.R.P(NPD).No.1991 of 2021
6. It is seen from the records, the decree was passed on 30.01.2006
and execution petition is pending from the year 2012. In C.R.P.(PD).No.4315, 4316, 4317 of 2018, the aforesaid direction has been given. In pursuance of this direction, petitioner filed R.E.A.No.75 of 2019 for appointment of Advocate Commissioner along with Surveyor to identify the property.
7. Considering the fact that, the decree was passed in the year 2006 and the petitioner is not able to get the fruits of the decree, the Learned Sub Judge, Harur, is directed to dispose of R.E.A.No.75 of 2019, as expeditiously as possible, preferably within a period of 6 months, from the date of receipt of copy of this order.
8. Accordingly, the Civil Revision Petition is disposed of. No costs.
17.09.2021
Index :Yes/No Speaking order/Non-speaking order. bsm To:-
1. The Learned Sub-Judge, Harur.
2. The Section Officer, V.R.Section, High Court, Madras.
C.R.P(NPD).No.1991 of 2021
G.CHANDRASEKHARAN,J.
bsm
C.R.P(NPD).No.1991 of 2021
17.09.2021
2 issues framed by the court
Whether the Learned Sub-Judge should be directed to expedite the disposal of an application for appointing an Advocate Commissioner to identify property shares pending for years.
Whether a Six-Month time limit should be imposed on the Sub-Judge to dispose of the execution application.
2 provisions across 2 enactments
C.R.P(NPD).No.1991 of 2021
Smt.Rumar Begam
G.Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
