Madras High Court
A.Sekar vs S.P.Vijayalakshmi on 9 February, 2021
C.R.P.No.183 of 2021
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 09.02.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. (NPD) No.183 of 2021
A.Sekar ...Petitioner
Vs
s.P.Vijayalakshmi ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order dated
04.12.2020 passed in E.A.No.49 of 2019 in E.P.No.108 of 2019 in
R.C.O.P.No.1263 of 2014 by the XI Court of Small Causes, Chennai.
For Petitioner: Mr.M.Ramamoorthi
ORDER
This Civil Revision Petition is filed against the order dated
04.12.2020 made in E.A.No.49 of 2019 in E.P.No.108 of 2019 in
R.C.O.P.No.1263 of 2014 passed by the leanred Judge, XI Small Causes
Court, Chennai.
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C.R.P.No.183 of 2021
2. The petitioner herein is the judgment debtor, against whom an
order of eviction dated 21.08.2015 was passed in R.C.O.P.No.1263 of
2014, which was also confirmed by this Court in C.R.P.No.2631 of 2018
vide order dated 24.10.2018. Pursuant to the eviction, the Court below
passed an order of delivery of the vacant possession of the premises on
21.01.2019. Pursuant to the same, the bailiff has executed the warrant on
21.03.2019 and has handed over the vacant possession to the
respondent/decree holder and at the time of delivery, the bailiff had noted
some articles in the premises and the same were listed out as articles 1 to
36 and the same were handed over to the respondent/decree holder, after
obtaining sufficient security to produce the same as and when required
by the Court. Since the petitioner judgment debtor has not come forward
to take back all the articles from the premises, the petitioner has come
forward with an application before the Court below seeking direction to
the petitioner/judgment debtor to remove and to take back articles 1 to 36
mentioned in the bailiff report within a time frame, failing which, to sell
the same in public auction and depose the said proceedings before the
credit of R.C.O.P.1263 of 2014.
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C.R.P.No.183 of 2021
3. The respondent herein has filed counter denying all the
averments made in the application stating that there were more
belongings with the bailiff mentioned in his report value of Rs.2,00,000/-
and they were kept in safe custody and some of the articles were missing
and a delivery order was effected without giving any notice to him. It is
also stated that the bailiff report was silent about the missing articles.
Therefore, the petitioner's prayer has to be dismissed and the petitioner
shall be directed to furnish all the articles mentioned in the counter.
4. It is not in dispute that the eviction order against the petitioner
has been confirmed and the delivery was also ordered. However, it
appears that the petitioner judgment debtor has not evinced any interest
to take back his belongings, which were lying in the premises and despite
the bailiff executing the warrant the petitioner has not appeared and
raised any objections as regards, the report of the bailiff wherein he has
mentioned the articles 1 to 36. The petitioner has just mentioned in his
counter that there were more articles and important documents and he has
not shown any evidence to prove the same. At the same time, it is to be
noted that the petitioner judgment debtor has not denied the list of
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C.R.P.No.183 of 2021
articles 1 to 36 mentioned in the bailiff report. Therefore, when once the
eviction was confirmed, it is the bound and duty of the petitioner
judgment debtor to vacate the premises by removing all his belongings,
but, admittedly, he had not done so. In such circumstances, the Court
below has rightly passed the order directing the petitioner/judgment
debtor to take back the articles 1 to 36 mentioned in the bailiff report
within a period of 60 days from the date of receipt of copy of the order,
failing which the articles would be kept in public auction for sale and
after the sale proceedings, the entire amount will be deposited to the
credit of R.C.O.P.No.1263 of 2014. This Court does not find any
infirmity in the said order in order to interfere with the same.
5. Accordingly, this Civil Revision Petition stands dismissed. No
costs.
09.02.2021
Index:Yes/No
Speaking order/Non-Speaking Order
sbn
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C.R.P.No.183 of 2021
To
The learned XI Judge,
XI Court of Small Causes, Chennai.
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C.R.P.No.183 of 2021
V.BHAVANI SUBBAROYAN, J.
sbn
C.R.P. (NPD) No.183 of 2021
09.02.2021
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