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2016 DIGILAW 1458 (MAD)

Arulmigu Sri Meenaksi Sundareswarar Devasthanam v. EMG Soundarajan (died)

2016-04-05

V.M.VELUMANI

body2016
ORDER : The Civil Revision Petition is filed for a direction to the learned I Additional Subordinate Judge, Madurai, to dispose of E.P. No. 77 of 2006 in O.S. No. 123 of 1970, within the stipulated period of time. 2. The revision petitioner/plaintiff filed E.P. No. 77 of 2006 for execution of decree dated 23.12.1978. The said Execution Petition was dismissed. Against that order, the petitioner filed Civil Revision Petition in CRP(MD) Nos. 987 to 989 of 2010. This Court set aside the order of dismissal passed in the Execution Petition and restored the Execution Petition. The Hon'ble Apex Court confirmed the order of this Court. According to the petitioner, in spite of the order passed by this Court and Hon'ble Apex Court, the Execution Petition is kept pending unnecessarily and the respondents are enjoying the property at the cost of the petitioner/temple. 3. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents 1 to 8. Though the notice served on the respondents 9 and 10 and their names are also printed in the cause list, they have not chosen to appear either in person or through counsel. 4. Considering the fact that the Execution Petition is pending from 2006 to execute the decree dated 24.12.1978 and having regard to the submissions made by the learned counsels on either side and also considering the limited prayer sought for by the petitioner, without expressing any opinion on merits, this Court directs the learned I Additional Subordinate Judge, Madurai, to dispose of E.P. No. 77 of 2006, pending on the file of learned I Additional Subordinate Judge, Madurai as expeditiously as possible in any event not later than 30th June 2016 and file compliance report before this Court. 5. Accordingly, the Civil Revision Petition is disposed of. No costs.