E.Ambika v. Chinnammal (Died)

Madras HC9 Jun 2025CRP/2215/2025

Case brief

AI extract

What is this about?

CRP NPD No.2215 of 2025; Madras High Court; N. Sathish Kumar, J.; decided 09.06.2025; speedy/expedited disposal of long-pending execution petition E.P.No.4 of 2019 in O.S.No.38 of 1993 (renumbered from O.S.No.109 of 1981); partition preliminary decree 23.12.2014; Article 227 supervisory direction; six-month timeline fixed; elderly (80-year-old) petitioner unable to reap fruits of decree; decided without going into merits; disposed of; no costs.

What did the court decide?

Direction to the learned District Munsif cum Judicial Magistrate, Denkanikottai to dispose of Execution Petition No.4 of 2019 in O.S.No.38 of 1993 expeditiously within six months from receipt of a copy of the Order; Civil Revision Petition disposed of with the above direction; no costs. ¶¶31

E.Ambika Vs Chinnammal (Died) — Writ and Judicial Review | Madras HC (2025)

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CRP NPD.No.2215 of 2025

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THE HIGH COURT OF JUDICATURE AT MADRAS

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Date : 09.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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CRP NPD No.2215 of 2025

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E.Ambika . . . Petitioner

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Versus

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Chinnammal [died]

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Thanjammal

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Rajeswari

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Sabari

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Manju

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Jothi

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Anu . . . Respondents

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PRAYER : Petition filed under Article 227 of Constitution of India to direct the Executing Court to dispose of the Execution Petition No.4 of 2019 in O.S.No.38 of 1993 on the file of the District Munsif – cum Judicial Magistrate, Denkanikottai within a stipulated period as may be fixed by this Court.

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For petitioner : Mr.K.Selvaraj

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Page 1 / 4

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

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CRP NPD.No.2215 of 2025

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O R D E R

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This Civil Revision Petition has been filed for a direction to the Executing Court to dispose of the Execution Petition No.4 of 2019 in O.S.No.38 of 1993 on the file of the District Munsif – cum Judicial Magistrate, Denkanikottai within a stipulated period as may be fixed by this Court.

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The petitioner had originally filed a suit in O.S.No.109 of 1981 before the District Munsif, Hosur which was transferred to the District Munsif cum Judicial Magistrate Denkanikottai and renumbered as O.S.No.38 of 1993.

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The said suit has been filed for partition and a preliminary decree has also been passed in the suit on 23.12.2014. The grievance of the petitioner is that though he has filed the execution petition as early as on 30.04.2019, the respondents are in one way or other protracting the execution proceedings.

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The petitioner is aged 80 years and she was not able to reap the fruits of the partition decree. Hence, the present revision petition has been filed seeking direction for speedy disposal of the Execution Petition.

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Page 2 / 4

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

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CRP NPD.No.2215 of 2025

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Considering the limited prayer sought for in this revision petition,

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without going into merits of the case, the learned District Munsif cum Judicial Magistrate, Denkanikottai is directed to dispose of the Execution Petition in E.P.No.4 of 2019 in O.S.No.38 of 1993 expeditiously, within a period of six months from the date of receipt of a copy of this Order.

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