Madras High Court

CRP/5260/2026 of C.Varatharaj Vs N.Kumar on 31 August 2026

Cites 1, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

1

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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,

( Uploaded on: 08/09/2026 08:43:07 pm )

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.

( Uploaded on: 08/09/2026 08:43:07 pm )

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.

( Uploaded on: 08/09/2026 08:43:07 pm )

P.B.BALAJI, J. ATA CRP No.5260 of 2026 31.08.2026

( Uploaded on: 08/09/2026 08:43:07 pm )

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead