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Jeevanatham, v. Kamala,

DISPOSED OF
Court
High Court of Madras
Decided
16 July 2026
Bench
S. Sountharauthor
Case no.
CRP(MD) 1865/2026

Judgment

ORDER The Civil Revision Petition has been filed seeking a direction to the Principal District Munsif Court, Kumbakonam, to expedite the disposal of E.A.No.14 of 2019 in E.P.No.118 of 2015 in O.S.No.326 of 2004.

2.The petitioners herein filed a suit for recovery of possession and obtained an ex parte decree on 26.07.2005. Thereafter, they initiated execution proceedings by filing E.P.No.118 of 2015. The respondents 1 to 6, who were arrayed as some of the respondents in the execution petition, filed E.A. No.14 of 2019 under Section 47 of the Code of Civil Procedure seeking a declaration that the ex parte decree obtained against them was inexecutable.

3.A perusal of the certified copy of the docket proceedings in E.A. No.14 of 2019 would indicate that the execution application was taken up for hearing on 02.03.2020 and final arguments were heard on 18.07.2023. Thereafter, the matter was reopened for clarification, witnesses were examined, and the cross-examination of R.W.1 was completed as early as 26.09.2025. It is further seen that an amendment application was filed and the same was allowed on

26.09.2025. Thereafter, the matter has been adjourned from time to time for filing an additional counter pursuant to the amendment.

4.Taking into consideration the fact that the application under Section 47 of the Code of Civil Procedure was filed in the year 2019 and has been pending for nearly seven years, this Court is inclined to direct the executing Court to dispose of E.A.No.14 of 2019 as expeditiously as possible, keeping in view the timeline fixed by the Hon'ble Supreme Court in Rahul S. Shah v. Jinendra Kumar Gandhi and Others, reported in (2021) 6 SCC 418 for the disposal of execution proceedings.

¶5With the above directions, this Civil Revision Petition stands disposed of. No costs.

16.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn To

1.The Principal District Munsif Court, Kumbakonam.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. S.SOUNTHAR,

J.

skn C.R.P.(MD)No.1865 of 2026

16.07.2026

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2026 CORAM THE HON'BLE MR. JUSTICE S.SOUNTHAR C.R.P.(MD)No.1865 of 2026 1.Jeevanatham 2.Revathi 3.Raja 4.Venkadachalam 5.Vasudevan 6.Ramesh 7.Thilagavathi 8.Sujatha .. Petitioners Vs. 1.Kamala 2.Murugadoss 3.Sasikumar 4.Selvakumar 5.Balaji 6.Meenakshi 7.Sri Swminatha Swami Devasthanam, Swamimalai, rep. by its Executive Officer, Devasthanam Buildings, Swamimalai, Kumbakonam Taluk, Thanjavur District. 8.Sri Swedhavigneswarasamy Devasthanam Thiruvalanchuli, rep. by its Executive Officer, Sri Swaminathasamy Devasthanam, Swamimalai, Kumbakonam Taluk, Thanjavur District. 9.Prithivirajan Power Agent by Rani W/o Prithivirajan S/o Swaminathan Swami Sannathi Street, Dharasuram Post, Kumbakonam Taluk, Thanjavur District. .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned Principal District Munsif Court, Kumbakonam to expedite the speedy disposal of E.A.No. 14/2019 in E.P.No.118 of 2015 in O.S.No.326 of 2004 as expeditiously as possible and within the time stipulated by this Honourable Court. For Petitioners : Mr.K.M.Karunakaran

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.