Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 2576 (MAD)

A. K. Balakrishnapillai v. Narasimhan

2013-07-22

K.RAVICHANDRA BAABU

body2013
JUDGMENT :- 1. This civil revision petition is filed seeking for an early disposal of E.A.No.4843 of 2006 in E.P.No.1848 of 2003 in O.S.No.2888 of 1973. 2. The petitioner before this court is the petitioner in the said E.A. and decree holder in the said suit. The suit is one for partition filed in the year 1973. After the final decree proceedings, the petitioner/decree holder filed E.P.No.1848/2003 seeking for execution of the decree granted in the said suit. When there was an obstruction by the respondents herein, the petitioner filed E.A.No.4843 of 2006 under Order 21 Rule 97 C.P.C. seeking for removal of obstruction. The said application is kept pending by the court below all these years. Aggrieved against the pendency of the said E.A., the present civil revision petition is filed. 3. It appears that the E.A. is still pending without adjudicating the matter all these years. The petitioner/decree holder has come out with an application for removal of obstruction. Needless to say that such application has to be disposed of by the court below as early as possible and the fact remains that the said application is not yet disposed of even after a period of seven years. 4. Therefore, without expressing any view on the merits and contentions of the rival parties, I only direct the court below to dispose of E.A.No.4843 of 2006 in E.P.No.1848 of 2003 in O.S.No.2888 of 1973f within a period of two months from the date of receipt of a copy of this order, after giving due opportunity to either side. With the above direction, the civil revision petition is disposed of. No costs.