IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 15-12-2009 CORAM: THE HONOURABLE MR.JUSTICE M.VENUGOPAL C.R.P.(N.P.D) No.4021 of 2009 M..D.Rajan .. Petitioner -vs- Lalan Prasad Sing @ L.P.Sing .. Respondent This civil revision petition is filed under Article 227 of Constitution of India, praying for issuance of a direction to the Executing Court viz., The Principal District Munsif, Alandur,Kancheepuram District to dispose of E.P.No.18 of 2009 pending on its file. For Petitioner : Mr.M.Venkatakrishnan O R D E R
The revision petitioner/Decree Holder has projected this civil revision petition before this Court praying for issuance of a direction to the Executing Court viz., The Principal District Munsif, Alandur to dispose of E.P.No.18 of 2009 pending on its file within the time limit to be determined by this Court.
2. To avoid an avoidable delay, this Court in the interest of justice dispenses with the issuance of notice to the respondent.
3. The learned counsel for the revision petitioner/Decree Holder submits that the Executing Court is time and again adjourning the proceedings in E.P.No.18 of 2009 pending on its file without any rhyme or reason and lastly, the Execution petition has come up for hearing on 4.11.2009 and the Executing Court has adjourned the matter to 6.1.2010 and in the main suit, the decree has been passed on 19.11.2007 and the revision petitioner/decree holder is to enjoy the fruit of the decree in right earnest and therefore, this Court may be pleased to issue proper direction to the Executing Court to dispose of E.P.No.18 of 2009 within the time to be fixed by this Court.
4. It transpires from the typed set of papers filed by the revision petitioner/decree holder before this Court that in E.P.No.18 of 2009, the revision petitioner has prayed for the relief of directing the respondent to deliver the schedule mentioned property to the petitioner in terms of the decree passed and it is not in dispute that notice to the respondent has been served as early as on 6.4.2009 and till date, the said proceeding has not seen the light of the day in one fashion or the other and even though the counter has been filed in the Execution Petition on 1.9.2009, the matter has been adjourned to 8.9.2009 by extending the time and on 8.9.2009, the matter has been adjourned to 16.9.2009 on the pretext that’ both not ready’ and again on 16.9.2009, the matter has been adjourned to 4.11.2009 for the same reason ‘both not ready’ and lastly the matter is since adjourned to 6.1.2010 for enquiry.
5.On a careful consideration of the entire gamut of materials available on record and over all assessment of the facts and circumstances of the case in an integral fashion, this Court is of the considered view that a direction has to be necessarily issued to the Executing Court to dispose of E.P.No.18 of 2009 within the time limit to be prescribed by this Court and accordingly, this Court directs the Executing Court viz., The Principal District Munsif, Alandur to dispose of E.P.No.18 of 2009 within a period of two months from the date of receipt of a copy of this order and report compliance to this Court.
6. With the above observation, this civil revision petition is disposed of .
sg
To
The Principal District Munsif,
Alandur