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2009 DIGILAW 5776 (MAD)

Srinivasan v. Kumar & Others.

2009-12-19

M.VENUGOPAL

body2009
Judgment The petitioner/plaintiff has filed this Civil Revision Petition as against the order dated 210. 2009 in E.P.No.142 of 2007 in O.S.No.419 of 1998, passed by the learned Subordinate Judge, Namakkal. 2. To avoid an avoidable delay the issuance of notice to the respondents is dispensed with in the interest of justice. 3. The main grievance of the revision petitioner/plaintiff is that the Executing Court is adjourning E.P.No.142 of 2007 on its file, without any rhyme or reason and therefore, the petitioner is very much interested in the early disposal of the said Execution Petition by the Executing Court and in the interest of Justice, this Court may issue necessary direction in this regard. 4. It transpires from the typed set of papers filed by the petitioner/plaintiff that E.P.No.142 of 2007 has been pending ever since the first hearing date 12. 2007 (after issuance of notice ordered on 011. 2007) and since the matter is pending for a long time for enquiry, this Court on the basis of Equity, Fairplay, Good conscience and even as a matter of prudence directs the Executing Court viz., the Subordinate Court, Namakkal to dispose of the E.P.No.142 of 2007 in O.S.No.419 of 1998 pending on its file, within a period of three weeks from the date of receipt of a copy of this order and to report compliance to this Court without fail. 5. In the result, this Civil Revision Petition is disposed of with the above terms leaving the parties to bear their own costs. Consequently, the connected M.P.No.1 of 2009 is closed.