IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.09.2017
C O R A M
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(NPD) No.3204 of 2017
and C.M.P.No.14958 of 2017 Soundararajan ... Petitioner Vs.
1. Ranganathan
2. Govindarajilu Krishnasamy (Died)
3. Jayakumar
4. Jayabalan
5. Dhavamani P. Usha ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order and decree dated 10.08.2017 in E.P.No.169 of 2014 in O.S.No.520 of 1995 on the file of the Principal Subordinate Court, Villupuram.
For Petitioner : Mr.D.Rajasekar O R D E R The Revision Petitioner is challenging the order of the Execution Court, ordering the delivery of the property in accordance with the final decree.
2. The learned counsel for the petitioner contended that the petitioner has filed the appeal in A.S.No.29 of 2013 on the file of the Principal District Judge, Villupuram, against the final decree passed in I.A.No.568 of 2003 in O.S.No.520 of 1995. He would contend that till the disposal of the appeal, the Execution Petition is not maintainable.
3. The Execution Court has considered this contention and taking into account the High Court's Circular in ROC.17155-A/2016/F1, dated 24.03.2016, that the subordinate courts shall proceed with the trial unless the proceedings are specifically stayed by the Appellate Court, proceeded with the execution petition as the Appellate Court had not granted stay. In the absence of stay, Execution Court is right in continuing with the execution proceedings. There is no illegality in the order passed by the Court below.
4. Further, considering the submissions made by the learned counsel for the petitioner, this Court issues a direction to the Principal District Judge, Villupuram, to dispose of the A.S.No.29 of 2013 within period of three months from the date of receipt of a copy of this order.
5. The Principal District Judge, Villupuram, is directed to take up the miscellaneous petition seeking interim stay and dispose of the same within a period of one month. Till the consideration of the interlocutory application, there shall be an order of interim stay of the execution proceedings in E.P.No.169 of 2014.
6. The Principal District Judge, Villupuram, shall not be prejudiced by the observations made above.
7. With the above direction, this Civil Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
08.09.2017
asi To The Principal Subordinate Court, Villupuram.
M. GOVINDARAJ, J.
asi C.R.P.(NPD) No.3204 of 2017 and C.M.P.No.14958 of 2017 08.09.2017