IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2009
CORAM:
THE HONOURABLE MR. JUSTICE M. VENUGOPAL
C.R.P.(N.P.D) No.3483 of 2009
P. Sathyabama .... Petitioner
Vs.
1. C. Dharmalingam
2. D. Kumarpathi
3. D. Devarajvelan
4. M/s. Prakruthi Infrastructure &
Development Company Ltd. .... Respondents
PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the order in E.A.No.62 of 2008 in E.P.No.32 of 2007 in O.S.No.272 of 2005 passed by the Learned Principal District Judge, Chengalpattu.
For Petitioner : M/s. B.R. Sankaralingam
O R D E R
The petitioner/first respondent/decree holder/plaintiff has projected this civil revision petition praying for issuance of a direction to the Executing Court to dispose of in E.A.No.62 of 2008 in E.P.No.32 of 2007 in O.S.No.272 of 2005 as early as possible.
2. The learned counsel for the revision petitioner urges before this Court that the Executing Court has mechanically adjourned the E.A.No.62 of 2008 on its file without any regime or reason and as a matter of fact it has not made a Judicious approach in regard to the speedy disposal of E.A.No.62 of 2008 and indeed in the interest of justice the Executing Court should give a disposal to E.A.No.62 of 2008 and also that it has not appreciated the essential fact that the revision petitioner/plaintiff has already deposited the balance sale consideration Rs.7,50,000/- into the Court and also filed a draft sale sale deed in the Execution Petition and these aspects of the matter have not been looked into by the trial Court and therefore, prays for allowing the civil revision petition.
3. This Court by its order dated 5.11.2009 issued in this civil revision petition has directed the Registrar Judicial to obtain a complete and comprehensive report in E.A.No.62 of 2008 in E.P.No.32 of 2007 in O.S.No.272 of 2005 from the Learned Principal District Judge, Chengalpattu in regard to the pendency of the said application from the date of filing till the date within three days herefrom through fax and place the same before this Court and the registry to list the matter on 10.11.2009.
4. In persuance of the direction issued the registry has placed the report of the Learned Principal District Judge dated 6/7/11/2008 in D.No.7531/OPBC/2009 addressed to the Registrar General of this Court and the same has been perused by this Court. On perusal of the said report of the Learned Principal District Judge, it transpires that in E.A.No.62 of 2008 the following endorsement are seen from 18.03.2004 to 04.11.2009 which runs as follows;
"18.03.2009 Both not represented. For enquiry adjourned to 17.04.2009 finally. 17.04.2009 Prl. District Judge on Other Duty. Reposted to 26.06.2009. 26.06.2009 At request of the Petitioner adjourned to 06.08.2009 for enquiry. 06.08.2009 At request of the Petitioner adjourned to 08.09.2009. 08.09.2009 Respondent counsel is ready. At request of the Petitioner's counsel adjourned to 08.10.2009 finally. 08.10.2009 Both not represented, Advocates on boycott. Posted to 04.11.2009 for enquiry finally. 04.11.2009 Prl. District Judge on Earned Leave, reposted to 01.12.2009."
5. As a matter of fact in E.A.No.62 of 2008 the Learned Principal District Judge has ordered notice on 2.12.2008 returnable on 06.01.2009 and 06.01.2009 notice of hearing and counter and the matter has been posted for enquiry on 11.02.2009 and 11.02.2009
time has been extended for enquiry as requested by both sides and on
18.03.2009 once again both sides are not ready and the matter has been adjourned to 17.04.2009 and on 17.04.2009, the Learned Principal District Judge was on other duty and hence the matter has been posted to 26.02.2009 for enquiry and again on the said date the matter has been posted for enquiry and adjourned to 06.08.2009 etc.
6. Taking note of the fact that E.A.No.62 of 2008 filed by the 4th respondent/3rd party is pending on the file of Learned Principal District Judge on 02.12.2008 and it is seen that the matter has been adjourned to various dates for one reason or other in order to give a quietus to the alleged matter in issue, this Court on the basis of Equity, Fair Play, Good Conscience and as a matter of prudence, directs the Learned Principal District Judge, Chengalpattu to dispose of the E.A.No.62 of 2008 within a period of 2 weeks from the date of receipt of copy of this order and to report compliance to this Court without fail.
7. With this observation this civil revision petition is disposed of without costs. Further, the parties are directed to co-operate with the Executing Court and to lend a helping hand in regard to the disposal of the E.A.No.62 of 2008 and to comply with the orders of this Court passed in this revision.
To
1. The Learned Principal District Judge, Chengalpattu.
2. Deputy Registrar (Judicial)
High Court of Madras
(To Watch and Report)
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