Allowed

Pitchaim, v. Ganesan (Died)

Madras HC24 Mar 2023CRP(MD)/2203/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a Civil Revision Petition filed under Article 227 of the Constitution of India. It directed the District Munsif Court, Musiri, to dispose of the pending execution petition (E.P.No.4 of 2006) within four weeks, citing an inordinate delay of 18 years.

What did the court decide?

The Civil Revision Petition was allowed with a direction to dispose of the execution petition within four weeks.

Pitchaim, Vs Ganesan (Died) — Execution and Attachment | Madras HC (2023)

¶1

C.R.P(MD)No.2203 of 2013

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 24.03.2023

¶4

CORAM

¶5

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

¶6

C.R.P(MD)No.2203 of 2013

¶7

Pitchai

¶8

... Petitioner / Petitioner Plaintiff

¶9

Vs.

¶10

Ganesan (Died) 1.Pitchai (Died) 2.Lakshmi (Died) 3.Mani ... Respondents

¶11

(Respondent No.3 is brought on record as legal heir of the deceased respondents 1 & 2 vide Court order dated 03.03.2023 made in C.M.P(MD)Nos.1409, 1411 & 1412 of 2020 in C.R.P(MD)No.2203 of 2013)

¶12

PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif Court, Musiri to dispose of the execution proceedings in E.P.No.4 of 2006 in O.S.No. 49 of 1998 on the file of the District Munsif, Musiri within the time stipulated by this Court.

¶13

1/5

¶14

https://www.mhc.tn.gov.in/judis

¶15

For Petitioner : Mr.R.Balakrishnan For R-1 & R-2 : Died For R-3 : No appearance

¶16

C.R.P(MD)No.2203 of 2013

¶17

ORDER

¶18

The learned Counsel for the petitioner is present today and there is

¶19

no representation for the respondent.

¶20

2. Considering the nature of this Civil Revision Petition, the case is taken up for hearing. A suit in O.S.No.49 of 1998 on the file of the learned District Munsif Court, Musiri, was a suit for specific performance which was decreed on 25.10.2002 and on the basis of that the sale deed was executed by the learned District Munsif Court, Musiri on 08.10.2004. Subsequent to the same, the E.P.No.4 of 2006 was filed in O.S.No.49 of 1998 on the file of the learned District Munsif Court, Musiri for delivery of property and that was pending for a prolonged period of time. Hence, the E.P petitioner (Pitchai) seeking speedy disposal of E.P.No.4 of 2006 in O.S.No.49 of 1998 which was pending

¶21

2/5

¶22

https://www.mhc.tn.gov.in/judis

¶23

C.R.P(MD)No.2203 of 2013

¶24

for the past several years. This Court is coming down heavily on the attitude of the learned District Munsif Court, Musiri for keeping the Execution Petition pending for such a long period of 18 years.

¶25

3. This Court is of the considered view of seriously taking the prolonged pendency of the Execution Petition and the difficulty which is faced by the Execution Petition decree-holder, who is before the trial Court on a execution petition. Hence, this Court allow this Civil Revision Petition with a direction to the learned District Munsif, Musiri to conduct the E.P.No.4 of 2006 in O.S.No.49 of 1998 on the file of the learned District Munsif Court, Musiri as expeditiously as possible within a period of four (4) weeks from the date of receipt of a copy of this order.

¶26

4. With the above said direction, this Civil Revision Petition

¶27

stands allowed. There shall be no order as to costs.

¶28

24.03.2023

¶29

3/5

¶30

https://www.mhc.tn.gov.in/judis

¶31

C.R.P(MD)No.2203 of 2013

¶32

NCC : Yes / No Index : Yes / No Internet : Yes / No BTR

¶33

¶34

1.The District Munsif Court, Musiri.

¶35

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

¶36

4/5

¶37

https://www.mhc.tn.gov.in/judis

¶38

C.R.P(MD)No.2203 of 2013

¶39

L.VICTORIA GOWRI, J.

¶40

BTR

¶41

Order made in C.R.P(MD)No.2203 of 2013

¶42

24.03.2023

¶43

5/5

¶44

https://www.mhc.tn.gov.in/judis

Pitchaim, v. Ganesan (Died)

Case brief

What is this about?

What did the court decide?

Pitchaim, v. Ganesan (Died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahalakshmi Vs Pothammal

V.Thangaiah Thevar, Vs M.Ganesan

V.a.Murugaperumal, Vs the Branch Manager

Kannaki Vs Duraisamy @ Manja Gounder

Alagu Vs Selvamani

Anbalagan, Vs the District Collector