M.Natarajan vs Senthamari Kannan @ Kannan
2021 Latest Caselaw 1715 Mad

                                                                              CRP.NPD.No.1728 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 25.01.2021

                                                           CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              CRP.NPD.No. 1728 of 2016
                                                       and
                                               C.M.P.No.9198 of 2016

                    M.Natarajan                                                    ... Petitioner
                                                            Vs.
                    Senthamari Kannan @ Kannan
                    [Cause title accepted, as per this Court order dated 28.04.2016
                    made in CMP.No.7397 of 2016 in CRP.SR.No.633 of 2016].
                                                                                ... Respondent
                    PRAYER: The Civil Revision Petition is filed under Section 115 of the
                    Civil Procedure Code, praying to set aside the docket order of taking on file
                    of the application dated 17.02.2016 in E.A.No.1 of 2016 in E.P.No.6 of
                    2013 in O.S.No.41 of 2006 on the file of the Additional District Court at
                    Cuddalore and to allow the above C.R.P.


                                          For Petitioner     : Mr.D.S.Thiruma Valavan

                                          For Respondent     : M/s.R.Meenal

                                                       ORDER

This Civil Revision Petition is directed as against the docket order

dated 17.02.2016 in E.A.No.1 of 2016 in E.P.No.6 of 2013 in O.S.No.41 of

https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.1728 of 2016

2006 on the file of the Additional District Court, Cuddalore, thereby,

notice was ordered on the petition seeking police protection to take delivery

of possession in E.P.No.6 of 2013.

2. The respondent is the plaintiff. He filed the suit for declaration and

recovery of possession as against the petitioners. The said suit was decreed

by judgment and decree dated 31.03.2010. For execution of the said decree,

the respondent filed an execution petition in E.P.No.6 of 2013. In the

execution proceedings, on 19.03.2012, the delivery was ordered.

3. While, taking delivery of possession, there was obstruction and as

such, the respondent filed an E.A seeking police protection for taking

delivery of possession. In the said petition, the Execution Court ordered

notice on 17.02.2016 and adjourned the case to 02.03.2016. The said order

is under challenge in the present Civil Revision Petition.

4. In the meanwhile, the petitioner preferred an Appeal Suit in

A.S.No.600 of 2011 before this Court as against the judgment and decree

dated 31.03.2010 passed in O.S.No.41 of 2006 and this Court, by an order

https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.1728 of 2016

dated 01.07.2012 stayed all further proceedings in the execution petition.

The said order was communicated to the Execution Court and all further

proceedings have been stayed. Therefore, nothing survives in this case.

5. In view of the same, this Civil Revision Petition is dismissed.

However, the Execution Court is directed to keep the execution petition

pending till the disposal of the said Appeal Suit in A.S.No.600 of 2011 by

this Court. Consequently, the connected Miscellaneous Petition is closed.

No costs.

                                                                                       25.01.2021
                    Speaking/Non-speaking order
                    Index     : Yes/No
                    Internet : Yes/No
                    kv


                    To

The Additional District Court, Cuddalore

https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.1728 of 2016

G.K.ILANTHIRAIYAN,J.

kv

CRP.NPD.No. 1728 of 2016

25.01.2021

https://www.mhc.tn.gov.in/judis/