Pushpabai v. Thaya Poonkamazh

ORDER The Civil Revision Petition has been filed, invoking Article 227 of the Constitution of India, seeking orders to direct the Principal District Munsif Court, Padmanabhapuram to dispose of the petition E.P.No.1 of 2023 in O.S.No.761 of 1991 within a time frame that may be fixed by this Court.

¶2The learned learned counsel for the petitioners would submit that the petitioners have filed a suit for partition and the suit was decreed on

26.08.1993; that the appeal preferred against the said decree was dismissed on 25.02.2003 and the second appeal was also dismissed on

29.06.2006 and that subsequently, final decree was passed on 18.10.2022 and that the decree holder has filed the execution petition and the same was taken on file in E.P.No.1 of 2023 and that the EP is being adjourned again and again. Hence, the petitioners were constrained to file the present petition.

¶3The learned counsel for the petitioners would further submit that though the petition under Section 47 C.P.C came to be filed on

21.07.2023, the same was returned and represented.

4.Considering the facts and circumstances of the case and also the fact that the second appeal was dismissed on 29.06.2016 and the final decree came to be passed on 18.10.2022, the Executing Court is directed to proceed with the enquiry and dispose of the same within a period of three months from the date of receipt of copy of this order.

¶5With the above observation and direction, this Civil Revision Petition is disposed of. No costs.

08.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das To

1.The Principal District Munsif Court, Padmanabhapuram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR

,J.

das C.R.P.(MD)No.2926 of 2023 Dated : 08.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P.(MD)No.2926 of 2023 1.Pushpabai Stalin (died) 2.Selvakumar 3.Jebasingh 4.Robert Singh : Petitioners/Decree holders/Plaintiffs Vs. 1.Thaya Poonkamazh Nesaian (died) 2.Suganthi Rani 3.Pukazh @ Anna Sneha Pukazh : Respondents/Judgment Debtors/Defendants Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal District Munsif Court, Padmanabhapuram to dispose of the petition E.P.No.1 of 2023 in O.S.No.761 of 1991 within a time frame that may be fixed by this Court. For Petitioners : Mr.Godwin