Madras High Court
V.Muthulakshmi ... Review vs G.Rajendran ... 1St on 23 December, 2021
Rev.Aplc.(MD) No.1 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM : JUSTICE N.SESHASAYEE
Rev.Aplc.(MD) No.1 of 2021
and CMP(MD) No.94 of 2021
V.Muthulakshmi ... Review Petitioner /
1st Respondent
Vs.
1.G.Rajendran ... 1st Respondent /
Petitioner
2.A.Baluchamy
3.B.Vasantha ... Respondents 2 & 3 /
Respondents
Prayer : Review Petition filed under Order XLVII Rule 1 r/w.Section
114 of CPC., praying to review the order passed by this Court in
CRP(MD) No.912 of 2020 dated 24.11.2020.
For Petitioner : Mr.V.Ramakrishnan
For Respondents : Mr.S.Mahesh Babu
ORDER
1.1 The present review application is filed by the decree holder / plaintiff
in O.S.No.98 of 2008 on the file of the I Additional District Court,
Madurai. The decree holder has obtained inter alia a decree for
possession. She has instituted E.P.No.13 of 2019 for executing the
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Rev.Aplc.(MD) No.1 of 2021
decree, and at the point of delivery, the revision petitioner, the first
respondent herein has come out with an application Order XXI Rule 97
to record his objections. This application was rejected and returned
unnumbered without taking it on file by the Execution Court,.
1.2 Aggrieved by the same, the revision petitioner / obstructor before the
Execution Court approached this Court in CRP(NPD)(MD) No.912 of
2020, and this Court Vide its Order dated 24.11.2020, has directed the
Execution Court to number the application filed by the revision
petitioner/obstructor and decide the issue. It also indicated that if the
revision petitioner/obstructor has any legal right to be in occupation,
symbolic delivery can be ordered.
2. Now, the plaintiff / decree-holder has come forward with this review
application and alleges that this application filed by the revision
petitioner before the Execution Court is a gross abuse of judicial process,
that the revision petitioner even by his own statement in the affidavit has
disclosed that whatever interest he has acquired is post decree. He also
added that the revision petitioner/obstructor does not claim any
independent title or right to be in physical possession of the property. He
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Rev.Aplc.(MD) No.1 of 2021
also added the dispute raised in the suit has gone even to the Hon'ble
Supreme Court, and the present revision petitioner has been set up by the
judgment debtor to delay and defeat execution.
3. The point the Court now considers is, is there an error apparent on the
face of the record for entertaining this application for review.
Apparently, the order of the Court in CRP(MD).No.912 of 2020 does not
deal with any substantive rights of the parties over the subject matter of
the suit, but it essentially deals with a certain procedural aspect of
numbering the application. The Order of this Court did not foreclose
any of the defences available to the decree holder. Therefore, this Court
only requires that upon the E.A., numbered, the decree-holder/petitioner
in E.P.No.13/2019 may file his objection on all grounds including those
which according to him may constitute an abuse of judicial process.
4. This Court is informed that the learned I Additional District Judge,
Madurai has taken the E.A. on record as E.A.No.21 of 2020. This Court
is further informed that the Execution Court has posted the matter to
31.01.2022 for hearing.
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Rev.Aplc.(MD) No.1 of 2021
5. This Court now directs the learned I Additional District Judge,
Madurai to advance the hearing of the case and have it posted on
04.01.2022. The learned Judge is further directed that the enquiry in this
application may be held day by day, even as the last case in the day, and
to dispose of the matter strictly in accordance with the legal principles
concerning the delivery of the property in the Execution Court within a
period of one month from 04.01.2022.
6.Subject to the above, this review application is closed. Consequently,
connected miscellaneous petition is closed.
23.12.2021
ds
Note :
1. Registry is directed to communicate the copy of this order
forthwith to the learned I Additional District Judge, Madurai.
2. Issue order copy to parties latest by 29.12.2021.
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
Rev.Aplc.(MD) No.1 of 2021
N.SESHASAYEE.J.,
ds
Rev.Aplc.(MD) No.1 of 2021
23.12.2021
https://www.mhc.tn.gov.in/judis
