Palanisamy vs Mohan
2021 Latest Caselaw 11105 Mad

                                                                               C.R.P.(NPD).No.2155 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 29.04.2021

                                                          CORAM:

                               THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               C.R.P.(NPD).No.2155 of 2018
                                               and C.M.P.No.13402 of 2018

                     Palanisamy                                                          ... Petitioner
                                                             Vs

                     1.Mohan
                     2.Anbalagan
                     3.Ganesan
                     4.Palaniyammal
                     5.Arrammal
                     6.P.Krishnan                                                      ... Respondents


                     Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure

                     Code, against the order and decreetal order dated 06.04.2018 made in

                     R.E.P.No.28 of 2013 in O.S.No.192 of 2008 on the file of the Court of the

                     District Munsif, Rasipuram.

                                     For Petitioner      : Mr.T.Dhanasekaran

                                     For Respondents : No Appearance


                                                         **********


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https://www.mhc.tn.gov.in/judis/
                                                                                   C.R.P.(NPD).No.2155 of 2018




                                                             ORDER

This Civil Revision Petition is filed against the order and decreetal

order dated 06.04.2018 made in R.E.P.No.28 of 2013 in O.S.No.192 of

2008 on the file of the Court of the District Munsif, Rasipuram, thereby

allowing the Execution Petition.

2. The petitioner is the first defendant and the respondents 1 to 3 are

the plaintiffs. The respondents 1 to 3 filed the suit for mandatory and

permanent injunction in respect of the suit property. The suit was decreed

by the Judgment and Decree dated 31.01.2013. In pursuant to the decree,

the respondents 1 to 3 filed an execution petition. In fact, the suit was

decreed on receipt of the Advocate Commissioner's report concluded that

the petitioner encroached the portion of the suit property.

3. Before the execution Court, the petitioner filed a counter stating

that there is no pathway in the suit property as stated by the respondents 1 to

3 herein. The Advocate Commissioner had not filed his report with scale

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD).No.2155 of 2018

plan. Without even measuring the property, the claim of the respondents 1

to 3 is not sustainable.

4. Admittedly, the petitioners did not prefer any appeal suit in time

and they filed an appeal suit with the delay. So far, there is no evidence to

show that the petitioners preferred an appeal suit. Therefore, the execution

Court rightly allowed the petition and this Court finds that there is no

infirmity and irregularity in the order passed by the Court below.

5. Accordingly, this Civil Revision Petition is dismissed. However, if

the petitioners produced any interim order in the appeal suit, the same may

be considered by the Execution Court. No order as to costs. Consequently,

the connected miscellaneous petition is closed.

29.04.2021 Internet:Yes Index:Yes/No rna

To

The District Munsif Court, Rasipuram.

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD).No.2155 of 2018

G.K.ILANTHIRAIYAN. J,

rna

C.R.P.(NPD).No.2155 of 2018 and C.M.P.No.13402 of 2018

29.04.2021

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