Madras High Court
CRP/5260/2026 of C.Varatharaj Vs N.Kumar on 31 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No.5260 of 2026
C.Varatharaj
..Petitioner
Vs
N.Kumar
..Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct for speedy disposal of R.E.P.No.26 of 2023 in O.S.No.149 of 2021 on the file of the Principal District and Sessions Court, Dharmapuri.
For Petitioner:
Mr.S.Pushpakaran
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ORDER
This revision petition is filed for a limited relief of speedy disposal of R.E.P.No.26 of 2023 in O.S.No.149 of 2021 on the file of the Principal District and Sessions Court, Dharmapuri.
2. Considering the limited relief sought for in the revision petition, I am inclined to dispense with notice to the respondent.
3. The petitioner has filed R.E.P.No.26 of 2023 for execution of sale deed, pursuant to the decree for specific performance in favour of the petitioner,
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which has become final as on date. The petitioner is aggrieved by the delay in execution of the decree, despite even draft sale deed being filed in Court and non judicial stamp papers also having been deposited. The petition filed by the respondent in I.A.No.2 of 2023 to condone the delay in setting aside the ex- parte decree was also dismissed and despite the same being challenged before this Court in CRP.No.1242 of 2024, a direction being given for payment of cost of Rs.10,000/-, the said amount has also not been deposited and the Trial Court, despite recording non compliance of the conditional order passed in CRP.No.1242 of 2024, has not passed final orders in the EP.
4. In the light of the above, considering the recent pronouncement of the Hon’ble Supreme Court in Hon'ble Supreme Court in Periyammal (Dead Thr. Lrs.) vs V. Rajamani and Anr. etc, reported in, 2025 (2) CTC 404 and Rahul S. Shah v. Jinendra Kumar Gandhi, reported in AIR 2021 SC 216, directing all execution petitions to be disposed of within a period of six months and considering the fact that the draft sale deed was filed into the Executing Court even in 2023 and even the non judicial stamp papers were deposited, a direction is issued to the Principal District and Sessions Court, Dharmapuri, to dispose of R.E.P.No.26 of 2023, within a period of eight weeks from the date of receipt of a copy of this order.
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5. With the above direction, the Civil Revision Petition is allowed. No costs. 31.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To The Principal District and Sessions Court, Dharmapuri.
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P.B.BALAJI, J. ATA CRP No.5260 of 2026 31.08.2026
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