S.Ramasamy (Died) & Ors vs Sathappan (Died) & Ors

This Civil Revision Petition is filed seeking a direction to the learned 1st Additional District Judge, Trichy, to dispose of the E.P.No.503 of 2014

in O.S.No.100 of 1974, within a stipulated time limit.

According to the petitioner, he has filed a suit in O.S.No.100 of 1974, as against the respondents, seeking a relief of partition and separate

possession, wherein, on 18.03.1976, a preliminary followed by which, on 15.02.1994, a final decree was passed by the trial Court. Aggrieved

over the same, the respondents 5 to 7, 10 and 11 have filed an appeal in A.S.No.243 of 1995, which was, subsequently, dismissed on

28.02.1997. Challenging the same, S.A.No.102 of 1998 came to be filed, which was also dismissed on 23.08.2011. Thereafter, the petitioners

had filed an Execution Petition in E.P.No.58 of 2013 before the 1st Additional Sub Judge, Trichirappalli, which was subsequently, transferred to

1st Additional District Judge in E.P.No.503 of 2014, where the same is kept pending.

Since the respondents were unnecessarily dragging on the proceedings, the deceased petitioner namely, Ramasamy has filed a Civil Revision

Petition in C.R.P(MD)No.483 of 2014, seeking a direction for early disposal of the above said execution petition and this Court, by order dated

10.03.2014, had directed the 1st Additional District Judge, Trichy, to dispose of the said execution petition on or before 30.04.2014.

But, according to the petitioner, in order to drag on the proceedings further, the 13th respondent has filed an interlocutory application in

E.A.No. 117 of 2014, seeking to set aside the ex-parte order passed, as against him, on 09.04.2014, which came to be dismissed by the

Execution Court, by order dated 07.10.2014, against which, CMA(MD)No.1307 of 2014 came to be filed, which was subsequently allowed, by

this Court, by order dated 04.09.2015.

The learned Counsel for the petitioner would further submit that the said CMA(MD)No.1307 of 2014 was allowed and the ex-parte order in

respect of the 13th respondent was set aside. Even thereafter, the execution proceedings are kept pending, since the contesting respondents are

unnecessarily dragging on the issue. Aggrieved over the same, the petitioner is before this Court, for speedy disposal of the execution proceedings

in E.P.No.503 of 2014 in O.S.No.100 of 1974.

Heard the learned Counsel appearing for the petitioner and perused the documents placed on record. Notice to the respondents is dispensed

with, since the prayer itself is for a limited scope for early disposal of the transfer proceedings.

Considering the facts and circumstances of the case, this Court, without going into the merits, directs the 1st Additional District Judge, Trichy, to

dispose of the E.P.No.503 of 2014 in O.S.No.100 of 1974, within a period of eight weeks from the date of receipt of a copy of this order,

keeping in mind the earlier orders passed by this Court.

With the above direction, this civil revision petition is disposed of. No costs.