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2012 DIGILAW 2981 (MAD)

M. K. Anandakumar v. K. Chidambaram

2012-07-12

G.RAJASURIA

body2012
Judgment :- 1. This civil revision petition is focussed, seeking early disposal of E.A.No.255 of 2009 in E.P.No.117 of 2006 pending before the learned I Additional District Munsif, Coimbatore. 2. Heard the learned counsel for the petitioner. 3. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this revision would run thus: The decree holder filed E.P. for obtaining delivery. It appears delivery was ordered; whereupon, the following three E.As. were filed: "(1) E.A.No.253 of 2009: For stay order until receiving the copy application and the proceeding until expiry of limitation of filing appeal; (2) E.A.No.255 of 2009: To consider the obstruction petition and the objections raised and suspend the order passed to delivery of possession in the execution petition; and (3) E.A.No.257 of 2009: To recall the warrant so issued to the Court Amina Lingusamy dated 23.11.2009, pending disposal of the obstruction petition." (extracted as such) 4. The learned counsel for the petitioner would echo the cri de coeur of his client, namely the judgment debtor to the effect, that those three applications are pending ever since 2009 without any progress and he prays for issuance of suitable direction for early disposal. 5. Perused the typed set of papers which would, display and demonstrate that under the caption 'Clarification' the matter has been coming up for a pretty long time. It is the duty of the Judge concerned who is seized of those applications to take a decision and pass suitable orders as per law after getting himself enlightened regarding the legal position. Hence, I am of the view that suitable direction has to be given for speedy disposal. Accordingly, the Executing Court shall dispose of the said E.As purely on merits, within a period of one month from the date of receipt of a copy of this order, untrammelled and uninfluenced by any of the observations made by this Court in this order. With the above direction, this civil revision petition is disposed of. No costs.