Madras High Court
Chinnaponnu vs Lakshmi on 29 April, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2021
Coram
The Hon'ble Mr. Justice C.V.KARTHIKEYAN
C.R.P. (NPD) No.1010 of 2021
and
C.M.P.No.8125 of 2021
1.Chinnaponnu
2.Gnanavadivel
3.Rajendran
4.Maniappan
5.Krishnan
6.Mani
..Petitioners/Petitioners/Judgment Debtors/Defendants
Vs
1.Lakshmi
2.Kannan
..Respondents/Respondents/Decree Holders/Plaintiffs
Civil Revision Petition filed under Section 115 of CPC, to set
aside the order 01.02.2021 made in R.E.A.No.14 of 2018 in E.P.No.27 of
2017 in O.S.No.36 of 2013 on the file of the District Munsif Court,
Dharmapuri.
For Petitioner .. Mr.C.Mariappan
For Respondent .. No appearance
https://www.mhc.tn.gov.in/judis/
2
ORDER
This Revision Petition had been filed by the defendants in
O.S.No.36 of 2013 pending on the file of the District Munsif Court,
Dharmapuri. The suit has progressed slowly, stage by stage. The suit was
filed for a declaration and for injunction restraining the defendants from
using a pathway by interfering with the plaintiffs' possession and usage.
The suit went through its course as stated above and a judgment and
decree was passed on 17.10.2014. The suit was dismissed.
2.Thereafter, A.S.No.19 of 2015 was filed before the Sub Court,
Dharmapuri and a Judgment was passed on 07.04.2017. By that said
judgment, the Appeal was allowed and the Judgment and Decree of the
Trial Court in O.S.No.36 of 2013 was set aside.
3.Thereafter, the plaintiffs filed E.P.No.27 of 2017 on 06.09.2017.
Then, a Second Appeal came up to be filed in S.A.No.652 of 2017. A
learned Single Judge of this court dismissed the Second Appeal on
11.12.2017 and the Judgment of the Lower Appellate Court granting a
decree in favour of the plaintiffs was confirmed.
https://www.mhc.tn.gov.in/judis/
4.Thereafter in the said Execution Petition, the petitioners filed an
Application under Section 47 of the Code of Civil Procedure, 1908. In
the meanwhile, they also filed R.A.No.51 of 2018. An order was passed
in R.E.A.No.14 of 2018 which is an Application filed under Section 47
of the Code of Civil Procedure, 1908 on 01.02.2021.
5.The said order has been questioned by way of this Revision
Petition.
6.It is the case of the petitioners herein that the evidence recorded
had not been properly appreciated by the First Appellate Court and by
the Second Appeal Court. It had been stated that the Decree and
Judgment of both the Appellate Courts have to be declared as null and
void.
7.The learned District Munsif had rightly negatived such
contentions claiming that he cannot be called to examine the Judgments
passed by the First and Second Appellate Courts. He had also stated that
there are no merits in the petition filed under Section 47 of CPC.
https://www.mhc.tn.gov.in/judis/
8.As a matter of fact, it had been stated among the various grounds
raised herein that the Appellate Courts have exceeded their power and
their Judgments must be set aside on the ground of inappropriate use
judicial discretionary powers and since they exceeded the scope of law.
9.The revision petitioners herein had an option to approach to
move further in accordance with law, if they felt that the learned Single
Judge of this Court and also the learned Judge who decided the First
Appeal had, in their opinion, exceeded their discretionary power and had
exceeded the scope of law and committed inappropriate acts.
10.These are not issues which the learned District Munsif can take
up in an application filed under Section 47 of CPC. The said application
had been rightly dismissed. I find no reason to interfere with the same.
Hence, the Civil Revision Petition is dismissed. No order as to costs.
Consequently, the connected Civil Miscellaneous Petition is closed.
29.04.2021
Internet:Yes/No
Index:Yes/No
smv
To
The District Munsif Court,
Dharmapuri.
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN,J.
smv
C.R.P. (NPD) No.1010 of 2021
29.04.2021
https://www.mhc.tn.gov.in/judis/
