Padmasini v. V.Paneerselvam

ORDER This Civil Revision Petition has been filed seeking direction to the learned Subordinate Judge, Panruti to dispose of E.P.No.125 of 2019 in O.S.No.234 of 1996 on merits within a time frame fixed by this Court.

¶2Heard Mr.S.Parthasarathy, learned Senior Counsel appearing for the petitioners.

¶3The petitioners are aged 91 and 98 respectively. Even while disposing of an earlier revision petition in CRP No.6580 of 2025 by order dated,

19.12.2025, this court had directed the executing court to dispose of the E.P without seeking any further extension of time and comply with the directions already issued in CRP No.2043 of 2022 as early as on 05.07.2022. However, even thereafter, E.P. has not been taken up and disposed of, as directed by the earlier order as well as the order dated 19.12.2025. In view of the above, on

22.1.2026, the executing court was directed to complete the adjudication in the application under Section 47 by 31.03.2026 and thereafter, decide the E.P. on or before 30.04.2026. Page3 of 6

¶4The learned Senior Counsel brings to my notice that till date, the Section 47 application has not been disposed of and the executing court is not proceeding the E.P.

¶5When this court has given specific directions, not twice, but on three occasions and specifically making in clear that no further extension of time would be granted to the executing court, the executing court ought to have diligently complied with the directions issued by this court repeatedly. Despite the fact that we are in fag end of July 2026, and 3 months beyond the schedule, the executing court, has still, not even disposed of the Section 47 application.

¶6In the light of the above, notice to the respondents is dispensed with, since this order is not in any way prejudicing the interest of the respondent,

¶7The civil revision petition is disposed of, directing the executing court to pass final orders in the Section 47 application, within a period of three weeks from today and within a period of three weeks thereafter, the execution petition shall be finally disposed of. It is made clear that under no circumstances, any extension of time from the executing court will not be entertained by this court. Page4 of 6

¶8With the above directions, this civil revision petition is disposed of. there shall be no order as to costs. 30-07-2026 Note: Issue order copy on 03.08.2026 Index: Yes/No Speaking/Non-speaking order MST To The Subordinate Judge, Panruti. Page5 of 6 CRPoNo.o4524oofo2026 P.B.BALAJI,oJ. MST CRPoNo.o4524oofo2026 30-07-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI 1. Padmasini, D/o. Late. Rajagopal, 2. Somasundaram, S/o. Late. Rajagopal, both are residing at No.45/3E, Nabigal Nayagam Street, Pudhupalyam, Cuddalore - 607 001. ..Petitioner(s) Vs 1. V.Paneerselvam, S/o. Vadivel Padayachi, No.117/1, Police Line, 4th Street, Panruti, 2. Saidani, W/o. Late Abdul Jabar Sahib, D.No.31/57, Sahibpet Street, Chemmandalam, Cuddalore - 1 3. Abdul Nazeer, S/o. Late Abdul Jabar Sahib D.No.32/46, Asthalakshmi Gardens 1st Street, Besant Nagar, Adayar, Chennai - 90. 4. Abdul Alim, S/o. Late Abdul Jabar Sahib D.No.32/46, Asthalakshmi Gardens 1st Street, Besant Nagar, Adayar, Chennai - 90. 5. Abdul Nayeem, S/o. Late Abdul Jabar Sahib D.No.32/46, Asthalakshmi Gardens 1st Street, Besant Nagar, Adayar, Chennai - 90. 6. Yasmin, D/o. Late Abdul Jabar Sahib D.No.32/46, Asthalakshmi Gardens 1st Street, Besant Nagar, Adayar, Chennai – 90. Page1 of 6 7. Nazim, S/o. Late Abdul Jabar Sahib D.No.32/46, Asthalakshmi Gardens 1st Street, Besant Nagar, Adayar, Chennai - 90. Raisa Beevi (died) 8. Mohammed Beevi D/o. Late Abdul Munaf Shahib, (w/o. Basha), no.20, Main Road, Periampattu, Thiagaduruvam - T.K. 9. Mohammed Yusuf, S/o. Late Abdul Munaf Shahib, D.No.32/46, Ashtalakshmi Garden's Fist Street, Besant Nagar, Adayar, Chennai - 90. 10.Kamurunisa, D/o. Late Abdul Munaf Shahib (w/o. Shekath Ali) Housing Board, Vilva Nagar, Cuddalore - 1 11.Shanavaz, S/o. Late Abdul Munaf Shahib, D.No.32/46, Ashtalakshmi Garden's Fist Street, Besant Nagar, Adayar, Chennai - 90. 12.Akthar Ali, S/o. Late Abdul Munaf Shahib, D.No.32/46, Ashtalakshmi Garden's Fist Street, Besant Nagar, Adayar, Chennai - 90. ..Respondent(s) Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Learned Subordinate Judge, Panruti to dispose of the E.P.No.125 of 2019 in O.S.No.234 of 1996 on merits within a time frame fixed by this Court. For Petitioner(s): Mr.S.Parthasarathy, Senior Counsel for Mr. P.Dinesh Kumar Page2 of 6