IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.11.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 4148 of 2017
1. A. JanBetty
2. A. Baajan
3. Jibetha Sulthana .. Petitioners Vs
1. Paul Enoch
2. P. John
3. Gnanathikkam
4. P. Dhanapal
5. P. Prabhu Samuel
6. Vimala
7. M. Daniel Jayaveeran
8. R. Solomon
9. J. Sundaram
10. K. Samuel
11. G. Devasahayam
12. P. Peruma
13. R. Sellappa Gounder
14. S. Kalimuthu
15. K. Selvaraj
16. K. Sellappa Gounder
17. P. Nataraj
18. Ve. Sellappan M. Nachimuthu (died)
19. K. Santha
20. A. Kaliammal
21. R. Ravi
22. R. Chandrasekar
23. M. Sellammal
24. Tamilarasan
25. Raghupathy .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, seeking for a direction to the Subordinate Judge, Namakkal to dispose the REA No.628 of 2005 in REP No. 55 of 2005 in
O.S. No.1434 of 2002, within a stipulated time fixed by this Court.
For Petitioners : Mr. P. Srinivas
O R D E R
This Civil Revision Petition is filed, to direct the learned Subordinate Judge, Namakkal to dispose of the REA No.628 of 2005 in REP No. 55 of 2005 in O.S. No.1434 of 2002, within a stipulated time fixed by this Court.
2. The learned counsel for the petitioners submitted that the petitioners being decree holders, filed REP No. 55 of 2005. In the aforesaid petition, the petitioner filed an application in REA No. 628 of 2005 on 30.11.2005, for ordering delivery of possession. Subsequently, an application in R.E.A. No.237 of 2013 was filed to implead the legal heirs of the deceased and the said application was also allowed. Another Interlocutory Application in I.A. No. 198 of 2016 was filed by the Obstructor to set aside the ex-parte order passed in REP No.55 of 2005. The said application is now pending.
3. According to the petitioner, eventhough the REP is filed in the year 2005, the petitioner could not enjoy the fruits of the decree. Therefore, this revision petition is filed seeking to direct the trial court to dispose of REA No.628 of 2005, within a stipulated time as fixed by this Court.
4. On perusal of the extract of the 'A' Register in the execution proceedings, it is indicated that I.A. No. 198 of 2016 is pending. At this stage, this Court is inclined to direct the Sub Court, Namakkal to dispose of the Interlocutory Application, within a period of three months from the date of receipt of a copy of this order and thereafter the court below shall dispose of the application in REA No. 628 of 2005, as expeditiously as possible.
5. The Civil Revision Petition is disposed of, with the above direction. No order as to costs.
14.11.2017 Index : Yes/ No Speaking order/ Non speaking order avr To The Subordinate Judge Namakkal.
D. KRISHNAKUMAR J., avr
CRP (PD) No. 4148 of 2017
14.11.2017