KANNABIRAN TEMPLE Vs. T. PANDURANGAN

JUDGEMENT

(1.) The present Civil Revision Petition is filed under Article 227 of the Constitution of India directing the learned IX Assistant City Civil Court at Chennai to dispose of the EP No.4011 of 2019 in OS No.1513 of 2001 filed by the petitioner by strictly adhering to the Rules laid down under the Tamil Nadu (Case Flow Management in Subordinate Courts) Rules 2007, within a reasonable time, as stipulated by this Court and the recent judgment of the Hon'ble Supreme Court in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi [(2021) 6 SCC 418] to dispose of the pending EP in an expeditious manner.

(2.) The petitioner, who is the owner of the property and instituted proceedings for eviction of the respondent, who is the tenant. OS No.1513 of 2001 filed by the petitioner was decreed in favour of the plaintiff and the First Appeal Suit filed in AS No.291 of 2010 was dismissed by the First Appellate Court. The Second Appeal filed in SA No.311 of 2017 before the High Court was also dismissed on 15/6/2017. Thus, the rights between the parties were crystallised and consequently, the revision petitioner/decree-holder filed EP No.4011 of 2019.

(3.) The grievance of the petitioner is that the Execution Court is granting adjournments after adjournments and the respondent is also dragging on the proceedings by filing unnecessary petitions under Sec. 47 of the Code of Civil Procedure.