Madras High Court
S.N.Kulasekaran vs Dr. Vasanthi Chandrasekarn on 21 January, 2021
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
and M.P.Nos.1 & 2 of 2012
& M.P.Nos. 1,1 & 2 of 2013
C.R.P.No.4329 of 2012
S.N.Kulasekaran ... Petitioner
Vs.
1. Dr. Vasanthi Chandrasekarn
2. S.Packiaraj
F.Nagoor (deceased)
rep. by LRs.
3. Meera Begum
4. Musthapa
(Respondents 3 & 4 are given up
since they are not necessary parties) ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order passed by the learned XVIII
Additional Judge, XVIII Additional and Sessions Court, Chennai in
C.M.P.No.4 of 2012 in A.S.No.311 of 2012 dated 17.09.2012 by allowing
this Civil Revision Petition.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
For Petitioner : No appearance
For Respondents
For R1 : Mr.A.A.Mohan
For R2 : No appearance
For R3 & R4 : Given up
C.R.P.No.2931 of 2013
D.Mohan Senthil Kumar ... Petitioner
Vs.
1. S.N.Kulasekaran
2. S.Packiaraj
F.Nagoor (deceased)
rep. by LRs.
3. Meera Begum
4. Musthapa ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order of rejection dated 03.08.2013
passed in E.A.SR.No.34715 of 2013 in E.P.No.457 of 2007 in O.S.No.1311
of 1981 on the file of the X Assistant City Civil Court at Chennai and direct
the Execution Court to dispose the same in accordance with law.
For Petitioner : Mr.S.P.Sudalaiyandi
For Respondents
For R1 : No appearance
For R2 : No appearance
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
C.R.P.No.3157 of 2013
S.Rafika ... Petitioner
Vs.
1. S.N.Kulasekaran
2. S.Packiaraj ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order of rejection dated 21.08.2013 in
E.A.SR.No.37303 of 2013 in E.P.No.457 of 2007 in O.S.No.1311 of 1981
on the file of the X Assistant City Civil Court at Chennai and direct the
Execution Court to dispose the same in accordance with law.
For Petitioner : Mr.S.P.Sudalaiyandi
For Respondents
For R1 : No appearance
For R2 : No appearance
COMMON ORDER
The Civil Revision Petition in C.R.P.No.4329 of 2012 is
directed as against the fair and decreetal order dated 17.09.2012, passed by
the learned XVIII Additional Judge, XVIII Additional and Sessions Court,
Chennai in C.M.P.No.4 of 2012 in A.S.No.311 of 2012, thereby granting
stay of all further proceeding in the order dated 03.07.2012 in E.P.No.457
of 2007 in O.S.No.1311 of 1981 on the file of the X Assistant Judge, City
Civil Court, Chennai pending disposal of the appeal in A.S.No.311 of 2012.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
2. The Civil Revision Petitions in C.R.P.Nos.2931 & 3157 of
2013 are directed as against the fair and decreetal orders dated 03.08.2013
& 21.08.2013 respectively, passed by the learned X Assistant Judge, City
Civil Court, Chennai in E.A.SR.Nos.34715 & 37303 of 2013 respectively,
in E.P.No.457 of 2007 in O.S.No.1311 of 1981, thereby returning the
petitions to record the petitioners' valuable obstruction for the delivery in
E.P.No.457 of 2007 in O.S.No.1311 of 1981.
3. The petitioner in C.R.P.No.4329 of 2012 and the first
respondent in C.R.P.Nos.2931 & 3157 of 2013 viz., S.N.Kulasekaran
(herein after called as "the decree holder") has filed a suit in O.S.No.1311 of
1981 for declaration and recovery of possession with consequently prayer of
permanent injunction. The said suit was decreed in his favour by the
judgment and decree dated 29.12.1988. Aggrieved by the same one of the
defendants viz., Packiaraj filed appeal suit in A.S.No.15 of 1989 and the
same was also dismissed by the judgment and decree dated 21.09.1989.
Against which, the said Packiaraj filed second appeal and the same was also
dismissed by this Court. Thereafter, he filed Special Leave Petition before
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
the Hon'ble Supreme Court of India and the same was also dismissed in the
year 1991.
4. After that, the decree holder filed execution petition in
E.P.No.181 of 1991 before the District Munsif Court, Poonamallee. While
pending the execution proceedings, one another person viz., Deva Anbu
claimed title over the very same property and he filed suit in O.S.No.2188
of 1994 for declaration declaring that the judgment and decree passed in
O.S.No.1311 of 1981 dated 25.12.1988, as null and void. In the mean time,
the said Deva Anbu sold out the suit property to one Rajeswari.
Subsequently, the suit in O.S.No.2188 of 1994 was dismissed as withdrawn
by the judgment and decree dated 27.04.2001.
5. In the execution petition, the deliver was ordered in the year
1999, but the Bailiff could not be able to execute the delivery due to the
obstructors. Therefore, the decree holder filed applications in E.A.Nos78,
79, 84,85 & 86 of 1999 to remove the obstructors and the Execution Court
by a common order dated 22.11.1999 dismissed all the applications along
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C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
with the main execution petition. Aggrieved by the same the decree holder
filed Civil Revision Petitions before this Court in C.R.P.Nos. 136 to 144 of
1999 and all the revision petitioner were allowed by this Court by a
common order dated 10.08.2000. One of the obstructors viz., Rajeswari
filed Special Leave Petition before the Hon'ble Supreme Court of India in
S.L.P.No.13755 of 2000, in which the Hon'ble Supreme Court of India
ordered status quo by an order dated 11.09.2000. Thereafter the leave was
granted by the Hon'ble Supreme Court of India by an order dated
19.02.2001 with direction to maintain status quo till disposal of the appeal.
6. The Hon'ble Supreme Court of India allowed the Civil Appeal
No.1417 of 2001 by the judgment and decree dated 29.03.2006 with
direction to the decree holder to seek such remedy as my be available to him
in accordance with law. Accordingly, the decree holder filed appeal in
C.M.A.No.56 of 2007 before the VI Additional City Civil Court, Chennai,
challenging the common order passed in the petitions in the execution
proceedings viz., E.A.Nos.78, 79, 84, 85 & 86 of 1999 and 181 of 1981.
The said appeal was allowed by an order dated 21.10.2011.
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C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
7. In the mean while, the execution petition was transfered to the
file of the IX City Civil Court, Chennai and renumbered as E.P.No.457 of
2007. In the execution petition, the decree holder filed application in
E.A.No.2057 of 2012 for deliver of possession and the same was ordered by
an order dated 03.07.2012. As against the above orders, the obstructor viz.,
the subsequent purchaser viz., Rajeswari filed appeal in C.M.S.A.No.36 of
2012 and revision petition in C.R.P.No.2779 of 2012 challenging the order
passed in C.M.A.No.56 of 2007 and E.A.No.2057 of 2012 respectively
before this Court.
8. This Court by a common judgment dated 22.04.2013 dismissed
both the cases in C.M.S.A.No.36 of 2012 and C.R.P.No.2779 of 2012. As
against the said common judgment, the obstructor viz., Rajeswari filed
Special Leave Petition before the Hon'ble Supreme Court of India in
S.L.P.Nos.26165 and 26166 of 2013, in which the Honb'ble Supreme Court
of India ordered status quo by an order dated 25.11.2013. In fact the said
interim order granted by the Hon'ble Supreme Court of India made obsolute
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
by an order dated 14.07.2017 and both the S.L.Ps are pending in Civil
Appeal Nos. 10613 & 10614 of 2013.
9. In the mean time an another obstructor viz., Dr.Vasanthi
Chandrasekarn filed petition in C.M.P.No.4 of 2012 to stay all further
proceeding in pursuance to the order dated 03.07.2012 in E.P.No.457 of
2007 in O.S.No.1311 of 1981 and the same was allowed by the XVIII
Additional & Sessions Court, Chennai by an order dated 14.07.2012.
Challenging the said order of stay to delivery of possession, the decree
holder filed the present Civil Revision Petition in C.R.P.No.4329 of 2012.
10. The other revision petitions in C.R.P.Nos.2931 & 3157 of 2013
are filed by the subsequent purchasers of the suit property from the said
Rajeswari, who is the appellant before the Hon'ble Suprme Court of India in
Civil Appeal Nos.10613 & 10614 of 2013. They filed petitions in
E.A.SR.No.37303 & 34715 of 2013, to record their valuable obstructions
for the delivery in E.P.No.457 of 2007 in O.S.No.1311 of 1981 along with
the stay petition. Both the petitions were returned for the reason that since
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C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
the application for delivery of possession in E.A.No.2057 of 2012 has
already been allowed and the same was also confirmed by this Court in
C.R.P.No.2779 of 2012, the obstruction and stay petitions filed by the
petitioners are not maintainable.
11. On perusal of records, the vendor of the petitioners challenged
the order passed in C.M.A.No.56 of 2007 and E.A.No.2057 of 2012 before
this Court in C.M.S.A.No.36 of 2012 and C.R.P.No.2779 of 2012. Both the
cases were dismissed by this Court and aggrieved by the same their vendor
filed appeal before the Hon'ble Supreme Court of India in Civil Appeal
Nos.10613 & 10614 of 2013, in which an interim order of status quo was
granted and the same was also made absolute by an order dated 14.07.2017.
Therefore, till the disposal of the Civil Appeals by the Hon'ble Supreme
Court of India, the Execution Court cannot proceed further. Further the
Execution Court cannot return the petition for obstruction and stay, as not
maintainable without even numbering the same.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
12. Insofar as the Civil Revision Petition in C.R.P.No.4329 of
2012 is concerned, the decree holder filed this petition aggrieved by the
interim stay granted by the learned XVIII Additional Judge, XVIII
Additional and Sessions Court, Chennai in C.M.P.No.4 of 2012 in
A.S.No.311 of 2012, thereby stayed the execution proceeding in respect of
the property ad measuring 733 sq.ft., purchased by the first respondent
herein. The main appeal is still pending. In view of the discussion made in
the above paragraphs, this Court finds no illegality or infirmity in the order
passed by the Court below.
13. Accordingly, the Civil Revision Petition in C.R.P.No.4329 of
2012 stands dismissed and the Civil Revision Petitions in C.R.P.Nos.2931
& 3157 of 2013 are allowed. The orders dated 03.08.2013 & 21.08.2013,
passed by the learned X Assistant Judge, City Civil Court, Chennai in
E.A.SR.Nos.34715 & 37303 of 2013 respectively, in E.P.No.457 of 2007 in
O.S.No.1311 of 1981, are hereby set aside. The petitioner in both the
petitions are directed to re-present the petitions for obstruction and stay in
accordance with law and on receipt of the same, the learned X Assistant
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C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
Judge, City Civil Court, Chennai, is directed to number the same and keep
the petitions pending till the disposal of the Civil Appeal Nos.10613 &
10614 of 2013, by the Hon'ble Supreme Court of India. It is made clear that
the Hon'ble Supreme Court of India has already ordered status quo and the
same was also made absolute by an order dated 14.07.2017. Registry is
directed to return the original petitions in E.A.SR.Nos.34715 & 37303 of
2013 to the petitioners in C.R.P.Nos.2931 & 3157 of 2013, respectively
after substituting the xerox copy of the same. There shall be no order as to
costs. Consequently, connected miscellaneous petitions are closed.
21.01.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
G.K.ILANTHIRAIYAN, J.
rts
To
1. The XVIII Additional Judge,
XVIII Additional and Sessions Court,
Chennai.
2. The X Assistant City Civil Court,
Chennai.
3. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
C.R.P.(NPD)No.4329 of 2012 &
C.R.P.(NPD)Nos.2931 & 3157 of 2013
and M.P.Nos.1 & 2 of 2012
& M.P.Nos. 1,1 & 2 of 2013
21.01.2021
https://www.mhc.tn.gov.in/judis/
