Madras High Court
Murugesan vs Tmt.M.Vijayalakshmi on 6 December, 2021
C.R.P.(PD).No.1715 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2021
CORAM
THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P.(PD).No.1715 of 2021
Murugesan ... Petitioner
Vs.
C.R.Marudhauchalam (Deceased)
Pandiyarajan (Deceased)
1. Tmt.M.Vijayalakshmi
2. M.Loganathan
3. M.Vishwanathan
4. M.Bangaja
5. S.Thilaka
6. Tmt.Rajamani
7. P.Ilavarasi
K.Palanisamy (Deceased)
8. Tmt.Dhanalakshmi
9. N.Ramakrishnan
T.Dhandapani (Deceased)
M.Murugesan (Deceased)
10. R.Bharathi
G.Ramadass (Deceased)
11. R.Rajeswari
12. R.Kalpana
13. R.Rukumani
14. R.Sangeetha
15. R.Dhanalakshmi
16. M.Indrirani
17. M.Uma Mageshwari
https://www.mhc.tn.gov.in/judis
1/7
C.R.P.(PD).No.1715 of 2021
18. P.Karpagam
19. P.Manjula
20. C.Subalatha
21. P.Senthilkumar
22. G.Sasidevi
23. G.Lakshmi (Minor)
24. T.Sivaguru ... Respondents
Civil Revision Petition is filed under Article 227 of the Constitution of
India, to direct the Lower Court for speedy disposal of the Execution Petition
in E.P.No.146 of 2019 in O.S.No.182 of 2002 on the file of the Vth Additional
District Court, Coimbatore, in a time bound manner with the help of the local
police by providing protection at the time of taking delivery of the suit
schedule mentioned property.
For Petitioner : Mr.E.J.Ayyappan
For R1 to R7 : M/s.AL.Ganthimathi
ORDER
This Civil Revision Petition is listed today under the caption “For being
mentioned.
2. The C.R.P.No.1715 of 2021 has been filed seeking a direction to
the Lower Court for speedy disposal of the Execution Petition in E.P.No.146
of 2019 in O.S.No.182 of 2002 on the file of the V th Additional District Court,
Coimbatore, in a time bound manner with the help of the local police by
providing protection at the time of taking delivery of the suit schedule
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C.R.P.(PD).No.1715 of 2021
mentioned property.
3. This petition was filed among other grounds stating that the suit was
filed in 2002 for the relief of specific performance and was decreed on
13.08.2008. The respondents / judgment debtors filed an appeal in
A.S.No.660 of 2009. The Appellate Court confirmed the Judgment of the Trial
Court on 01.11.2016. It was also alleged that the respondents / judgment
debtors have not filed any second appeal and therefore the Judgment of the
Trial Court has become final. It was also referred in the grounds of the
petition that the petitioner filed E.P.No.122 of 2016 for execution of the sale
deed. The Executing Court executed the sale deed on 15.04.2019 and the
Execution Petition was closed on 12.07.2019. After the execution of the sale
deed, the petitioner filed another E.P.No.146 of 2019 for taking delivery of
the possession. The said execution petition was pending for disposal for
more than a period of 20 months and therefore the C.R.P.No.1715 of 2021
was filed before this Court seeking a direction to the Lower Court for speedy
disposal of the same.
4. This Court, on 19.08.2021, hearing the submission of the learned
counsel for the petitioner, mainly on the submission that the Trial Court's
decree has become final after the confirmation by the 1st Appellate Court in
A.S.No.660 of 2009 and there is no second appeal filed, directed the V th
Additional District Judge, Coimbatore, to dispose of the E.P.No.146 of 2019
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C.R.P.(PD).No.1715 of 2021
as expeditiously as possible, preferably within a period of three months from
the date of receipt of a copy of the order. Now, the learned counsel appearing
for the respondents 1 to 7 submits that the real facts have been suppressed
before this Court at the time of filing this petition, and by making false
submissions, an order of early disposal of E.P.No.146 of 2019 was obtained
before this Court.
5. The learned counsel for the respondents 1 to 7 has also submitted
that it is true that A.S.No.660 of 2009 was dismissed as abated. Then,
A.S.No.660 of 2009 was restored to file as per the order in C.M.P.Nos.4338
to 4344 of 2017 in A.S.No.660 of 2009 on 03.04.2017. A.S.No.660 of 2009 is
still pending on the file of this Court. Suppressing the fact, C.R.P.No.1715 of
2021 was filed and an order was obtained from this Court. There was also
stay granted by this Court in M.P.No.1 of 2009 in A.S.No.660 of 2009
6. The learned counsel for the respondents 1 to 7 has produced copies
of the order passed in M.P.No.1 of 2009 in A.S.No.660 of 2009 on
29.04.2009, order passed in A.S.No.660 of 2009 on 01.11.2016, order
passed in C.M.P.Nos.4338 to 4344 of 2017 in A.S.No.660 of 2009 on
03.04.2017 and copy of the affidavit and petition filed in C.M.P.No.4682 of
2021 in A.S.No.660 of 2009 on 23.02.2021. Perusal of these documents,
especially, order in C.M.P.Nos.4338 to 4344 of 2017 in A.S.No.660 of 2009
shows that A.S.No.660 of 2009 was ordered to be restored to file on
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C.R.P.(PD).No.1715 of 2021
03.04.2017. Therefore, the submission of the learned counsel for the
petitioner that after the dismissal of A.S.No.660 of 2009, the judgment of the
Trial Court has become final, is nothing but a false representation made on
behalf of the petitioner. Hence, this Court is of the considered view that
suppressing the order of restoration in C.M.P.Nos.4338 to 4344 of 2017 in
A.S.No.660 of 2009 on 03.04.2017, C.R.P.No.1715 of 2021 was filed before
this Court and an order was obtained from this Court in E.P.No.146 of 2019.
7. The learned counsel for the petitioner tries to convince this Court by
stating that since there was no stay, sale deed was executed in E.P.No.122
of 2016 on 15.04.2019. It is altogether a different matter. It is not known as to
whether the restoration of A.S.No.660 of 2009 was brought to the notice of
Executing Court while disposing E.P.No.122 of 2016. The fact remains that
the pendency of A.S.No.660 of 2009 was suppressed before this Court and
an order was obtained from this Court. This has to be necessarily recalled
and set aside.
8. Accordingly, the order passed in C.R.P.(PD).No.1715 of 2021 on
19.08.2021 is recalled and the C.R.P.(PD).No.1715 of 2021 is dismissed with
costs of Rs.5,000/- to be paid by the petitioner to the respondents.
06.12.2021
raja
Index : yes/no
https://www.mhc.tn.gov.in/judis
C.R.P.(PD).No.1715 of 2021
Internet : yes/no
Speaking Order / Non-Speaking Order
G.CHANDRASEKHARAN.J.,
raja
To
The V Additional District Court, Coimbatore.
C.R.P.(PD).No.1715 of 2021
https://www.mhc.tn.gov.in/judis
C.R.P.(PD).No.1715 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
