Madras High Court
Venkata Ramani vs Solaipushpam on 8 December, 2021
C.R.P.(NPD) (MD) No.909 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.12.2021
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(NPD)(MD)No.909 of 2020
C.M.P.(MD).No.5953 of 2020
Venkata Ramani ... Petitioner
Vs.
1.Solaipushpam
2.Maheswari ... Respondents
PRAYER:- Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order dated
07.02.2020 passed in E.A.No.1 of 2019 in E.P.No.16 of 2015 in O.S.No.
175 of 2011 on the file of the learned Sub-Court, Thoothukudi by
allowing this Revision Petition.
For Petitioner : Mr.S.Vellaichamy
For Respondents : Mr.R.Pon Karthikeyan
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C.R.P.(NPD) (MD) No.909 of 2020
ORDER
The defendant before the Sub-Court, Thoothukudi is the revision
petitioner before this Court challenging the order passed in E.A.No.1 of
2019 in E.P.No.16 of 2015.
2. The brief facts leading to filing of this revision are as follows:
The plaintiff had filed a suit in O.S.No.175 of 2011 before the Sub-
Court, Thoothukudi, for specific performance as against the petitioner
herein. The suit was decreed by judgment and decree dated 11.11.2011.
Thereafter, the plaintiff/decree holder had filed E.P.No.16 of 2015 for a
direction to the petitioner herein to execute the sale deed in favour of
him, failing which, to have executed the sale deed through Court.
3. It appears that the execution petition was dismissed for default
on 20.09.2018. Therefore, the plaintiff/decree holder filed E.A.No.01 of
2019 to restore the execution proceedings which had been dismissed for
default on 20.09.2018. Pending the application, the sole plaintiff/decree
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C.R.P.(NPD) (MD) No.909 of 2020
holder has died and his wife and daughters were impleaded as petitioners
in E.A.No.01 of 2019. The petitioner herein has resisted the above
application stating that the plaintiff/decree holder died on 26.09.2016 and
the execution proceedings were adjourned frequently for bringing on
record his legal representatives. Thereafter, I.A.No.395 of 2016 was filed
to bring on record the legal heirs and this petition was ordered on
11.04.2018. Thereafter, the petition was being adjourned from
11.04.2018 to 20.09.2018 for carrying out the necessary amendments.
Since the amendment was not carried out, E.P was dismissed for default.
4. The petitioner herein would submit that the reasons given for the
delay are absolutely false and therefore, the petition deserves to be
dismissed.
5. The learned Sub Judge, by order dated 07.02.2020, was pleased
to allow the petition on condition that a sum of Rs.2,500/- be paid on or
before 24.02.2020 to the respondent/petitioner herein. Aggrieved by the
said order, the petitioner is before this Court.
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C.R.P.(NPD) (MD) No.909 of 2020
6. The learned counsel for the petitioner herein would submit that
the respondents herein were protracting the proceedings and the matter
was adjourned on several occasions for carrying out the amendments. It
was only when the respondents had not carried out the necessary
amendments even after a lapse of five months from the date of legal heirs
being brought on record, that the learned Judge proceeded to dismiss the
Execution Proceedings for default. He would further submit that the
order of the learned Sub-Ordinate Judge passed in E.A.No.01 of 2019 in
E.P.No.16 of 2015 in O.S.No.175 of 2011 has to be set aside.
7. Heard the learned counsels appearing on behalf of the revision
petitioner and the respondents.
8. It is an admitted fact that the petition for restoration has been
filed immediately by the plaintiff without any delay. Further, the decree
in O.S.No.175 of 2018 is sought to be enforced. The reasons given in the
affidavit filed in support of the petition for restoration are sufficient and
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C.R.P.(NPD) (MD) No.909 of 2020
the trial Court has rightly allowed the petition. I do not find any reason to
interfere with the same.
9. Accordingly, this Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is also closed.
08.12.2021
Index :Yes/No
Internet :Yes/No
ssb
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:-
Sub-Court, Thoothukudi
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C.R.P.(NPD) (MD) No.909 of 2020
P.T.ASHA, J.
ssb
C.R.P(PD) (MD)No.909 of 2020
08.12.2021
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