Disposed

Anantha Jothi v. Thangammal

Madras HC5 Oct 2021CRP/798/2020

Case brief

AI extract

What is this about?

In a civil revision petition filed under Article 226, the High Court of Madras directed the District Judge, Salem, to dispose of an application in execution proceedings within three months. The court also maintained interim stay on further execution proceedings until the stay petition is disposed of.

What did the court decide?

District Judge, Salem directed to dispose of application within three months; interim stay maintained on further execution proceedings.

Anantha Jothi Vs Thangammal — Execution and Attachment | Madras HC (2021)

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C.R.P. (NPD) No.798 of 2020 and C.M.P.No.4290 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.10.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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C.R.P. (NPD) No.798 of 2020 and C.M.P. No.4290 of 2020

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Anantha Jothi ... Petitioner / Appellant versus 1.Thangammal 2.Irusa Gounder 3.Andi Gounder 4.Ranganathan 5.Muthu Nadar 6.Sampath 7.Arumuga Mudaliar 8.Murugan 9.Arumuga Chettiar 10.Kandasamy 11.Richardson and Crudas Ltd. Government of India, Opp. Salem Steel Plant, Salem 13. 12.Vasu 13.Rathinammal 14.Bhuvaneswari 15.Usha Rani 16.K.Jayaraj 17.K.Ponnusamy 18.K.Krishnan 19.K.Arjunan 20.K.Balusamy

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http://www.judis.nic.in

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C.R.P. (NPD) No.798 of 2020 and C.M.P.No.4290 of 2020

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21.K.Gopal 22.K.Palaniyammal 23.K.Hamsa 24.R.Jothi 25.R.Gokul 26.R.Sindhuja 27.Thangammal 28.K.Raja 29.K.Selvaraj 30.Chinnaponnu 31.R.Govindaraj 32.R.Ravikumar 33.R.Dhanalakshmi 34.R.Vijaya 35.Alamelu 36.Kamala 37.A.K.S.Mani 38.A.K.S.Manickam 39.A.K.S.Govindaraj 40.A.K.S.Palanisamy 41.V.Saraswathi ... Respondents / Defendants

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PRAYER : Civil Revision Petition has been filed under Article 227 of the Constitution of India, to dispose of I.A.No.1 of 2020 in A.S.No.2 of 2020 on the file of the learned District Judge, Salem, by fixing a time frame for disposal of the same.

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For Petitioner : Mr.A.K.Sriram for M/s.A.S.Kailasam & Associates For Respondent Nos.1, : Mr.M.Venkadesh Kumar 12 to 15, 35 & 36 For Respondent Nos.24 to 26 : Mr.T.Shazhian Change of Vakalat given

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O R D E R

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http://www.judis.nic.in

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C.R.P. (NPD) No.798 of 2020 and C.M.P.No.4290 of 2020

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This Civil Revision Petition is filed, seeking direction to the learned

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District Judge, Salem, for disposing I.A.No.1 of 2020 in A.S.No.2 of 2020, within a time frame to be fixed by this Court.

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2 . The learned counsel for the petitioner submitted that, the suit in O.S.No.421 of 1984 was filed for the relief of declaration, partition and possession.

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The suit was decreed. In pursuance of the judgment and decree, R.E.P.No.62 of 1998 was filed for enforcing the decree. The petitioner filed R.E.A.No.284 of 1999

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under Order 21 Rules 97, 99 Section 151 of C.P.C. and that petition was dismissed on 27.09.2019. Against the said dismissal order, the petitioner preferred A.S.No.2 of 2020.

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3. I.A.No.1 of 2020 was filed for staying the further proceedings in

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pursuance of the judgment and decree in R.E.A.No.284 of 1999 in R.E.P.No.62 of

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1998 in O.S.No.421 of 1984. It is further submitted by the learned counsel for the

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petitioner that, the learned Executing Judge, is pressing the order of stay, otherwise further proceedings will be taken for delivery of the property in R.E.P.No.62 of 1998.

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http://www.judis.nic.in

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C.R.P. (NPD) No.798 of 2020 and C.M.P.No.4290 of 2020

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4. Mr.M.Venkadesh Kumar, learned counsel appeared for the

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respondents 1, 12 to 15, and 35 and 36. Mr.T.Shazhian, learned counsel appearing for respondents 24 to 26 submitted that, he has handed over change of vakalat to the parties. He is no more appearing for them. However, considering the limited scope of this petition, this Court directs the learned District Judge, Salem, to dispose of A.S.No.2 of 2020 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. The learned District Judge, Salem, is also directed to pass appropriate orders in the stay petition immediately, in view of the submission made by the learned counsel for the petitioner that, the learned Executing Judge has informed that the delivery of proceedings will be initiated unless there is an order of stay from the Appellate

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Court. The learned counsel for the petitioner submitted that, already interim stay

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was granted by this Court in C.M.P.No.4290 of 2020. In view of the interim stay already granted by this Court, there shall be interim stay of further proceedings in R.E.P.No.62 of 1998 till the disposal of stay petition filed in I.A.No.1 of 2020.

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5 . With these observations, this Civil Revision Petition is disposed

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of. Consequently, connected Miscellaneous Petition is closed. However, there is no order as to costs.

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http://www.judis.nic.in

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C.R.P. (NPD) No.798 of 2020 and C.M.P.No.4290 of 2020

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05.10.2021

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Speaking order / Non-speaking order Index : Yes / No

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Note : Issue Order Copy on 07.10.2021

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psa / sri To The District Judge, Salem.

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http://www.judis.nic.in

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C.R.P. (NPD) No.798 of 2020 and C.M.P.No.4290 of 2020

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G.CHANDRASEKHARAN, J.

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psa / sri

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C.R.P. (NPD) No.798 of 2020
and C.M.P. No.4290 of 2020

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05.10.2021

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http://www.judis.nic.in

Anantha Jothi v. Thangammal

Case brief

What is this about?

What did the court decide?

Anantha Jothi v. Thangammal

Case brief

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