F.Faruk John vs K.Padmavathi
2021 Latest Caselaw 10520 Mad

                                                                                CRP(NPD)No.966 of 2021
                                                                                and CMP.No.7790 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 23.04.2021

                                                         CORAM:

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                               CRP(NPD)No.966 of 2021
                                                       and
                                                CMP.No.7790 of 2021

                 F.Faruk John                                         ... Petitioner
                                                          Vs.
                 1.K.Padmavathi
                 2.C.Banumathi
                 3.Chinnathayammal
                 4.Indhiragandhi
                 5.Shanthi
                 6.Kamala
                 7.Sakthivel Murugan                                  ... Respondents
                 V.Sankar(deceased)


                 PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                 of India against the returned endorsement dated 05.04.2021, made in
                 REA.SR.No.550 of 2021 in REP.No.45 of 2011 in O.S.No.52 of 2005, on the
                 file of the III Additional District Court, Salem.


                                        For Petitioner     : Mr.R.Neelakandan
                                        For Respondents : No appearance

https://www.mhc.tn.gov.in/judis/
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                                                                                  CRP(NPD)No.966 of 2021
                                                                                  and CMP.No.7790 of 2021

                                                       ORDER

(This case has been heard through video conference)

There was an earlier Civil Revision Petition in CRP(PD)No.1979 of

2019, which had been filed by one V.Sankar, seeking direction to the III

Additional District Court at Salem to number the REA (SR) No.1469 of 2019

in REP No.45 of 2011 in O.S.No.52 of 2005.

2.That Civil Revision Petition came up for consideration before the

learned Single Judge of this Court vide order dated 14.09.2020 and observing

that the relief sought was to recognize and permit the revision petitioner to be

in possession as a tenant, the Civil Revision Petition was dismissed.

3.It is the contention of the learned counsel for the petitioner that after

the dismissal of the said Civil Revision Petition on 14.09.2020, the Judgment

debtor / Mr.V.Sankar unfortunately expired on 04.11.2020 this has given rise to

the present Revision Petitioner to claim further rights.

4.I hold that the Revision Petitioner herein is bound by the decree. He

claims to be a partner of the deceased V.Sankar. He cannot claim a better right

https://www.mhc.tn.gov.in/judis/

CRP(NPD)No.966 of 2021 and CMP.No.7790 of 2021

than the deceased V.Sankar. The said V.Sankar had been a party and had

exercised all his rights as a party defendant having been impleading as 6 th

defendant in the suit. The Revision Petitioner herein had not taken any steps to

assert his claim as a partner. It is very unfortunate that he takes advantage of

the death of the said partner and claims rights. Such conduct cannot be

accepted even otherwise, any decree passed as against the tenant / one partner

would also be binding on all the partners of the firm against which the decree

has been passed. The petitioner herein is bound by the decree.

4.I find no reason to interfere with the order passed. Accordingly, this

Civil Revision Petition is dismissed. Consequently, the connected

miscellaneous petition is also dismissed. No order as to Cost.

23.04.2021 Index:Yes/No Internet:Yes/No ssi

To

The III Additional District Court, Salem.

https://www.mhc.tn.gov.in/judis/

CRP(NPD)No.966 of 2021 and CMP.No.7790 of 2021

C.V.KARTHIKEYAN, J.,

ssi

CRP(NPD)No.966 of 2021 and CMP.No.7790 of 2021

23.04.2021

https://www.mhc.tn.gov.in/judis/