The High Court, exercising power under Article 227, directed the Subordinate Court, Pollachi to dispose of pending Execution Application No.3 of 2024 within three months. The revision was disposed of with no costs.
Direction to the Subordinate Court, Pollachi to dispose of E.A.No.3 of 2024 expeditiously within three 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.5013 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 09.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.R.P.[NPD].No.5013 of 2024
Rajasekar Balasubramanian Respondent
Versus
... Petitioner
PRAYER : Petitions filed under Article 227 of Constitution of India to direct the Subordinate Court, Pollachi to dispose of the E.A.No.3 of 2024 in EP.No.91 of 2023 in O.S.No.267 of 2014 within a fixed time-frame.
For Petitioner : Mr.M.Selvam
ORDER
This Civil Revision Petition has been filed to direct the Subordinate
Court, Pollachi to dispose of the E.A.No.3 of 2024 in EP.No.91 of 2023 in O.S.No.267 of 2014.
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C.R.P.[NPD].No.5013 of 2024
of money and creating charge over the suit properties. The suit was decreed on 10.04.2023. The respondent had filed execution petition in E.P.No.91 of 2023 to enforce the decree. In the Execution Petition, the petitioner was set exparte. For setting aside the exparte order, the petitioner filed an application in E.A.No.1 of 2024 which was also dismissed on 23.04.2024. Hence, filed an application in E.A.No.3 of 2024 seeking to restore the E.A.No.1 of 2024, which is pending. Hence, seeks a direction for early disposal of the above application,
materials placed on record.
without going into the merits of the case, the learned Subordinate Judge, Subordinate Court, Pollachi is directed to dispose of the application in EA.No.3 of 2024 expeditiously within a period of three months from the date
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C.R.P.[NPD].No.5013 of 2024
of receipt of a copy of this Order.
09.12.2024
Index : Yes / No Internet: Yes Speaking/non speaking order
dhk
To The Subordinate Judge Subordinate Court, Pollachi
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C.R.P.[NPD].No.5013 of 2024
N. SATHISH KUMAR, J.
dhk
C.R.P.[NPD].No.5013 of 2024
09.12.2024
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2 issues framed by the court
Whether the Subordinate Court, Pollachi should be directed to dispose of a pending execution application expeditiously.
Whether the High Court can issue directions for early disposal of execution proceedings under Article 227.
2 provisions across 1 enactments
Rajasekar Balasubramanian
Petitioner
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
