Madras High Court
S.Vijayakumar vs Tamil Selvi on 27 January, 2021
C.R.P.(N.P.D).No.4125 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(N.P.D).No.4125 of 2014
1.S.Vijayakumar
2.Vijayalakshmi ...Petitioners
Vs
Sriraman(died)
1.Tamil Selvi
2.Sugumar
3.Devanathan
4.Subitha
5.Pazhani
6.Dhanalakshmi ...Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India as against the fair and decretal order dated 21.02.2013 passed in
E.A.No.8 of 2011 in E.P.No.25 of 2010 in O.S.No.146 of 2006 on the file of
the learned I Additional District Court, Cuddalore.
For Petitioners : Mr.D.Baskar
For Respondents : Mr.D.S.Thirumavalavan for R5
No appearence for R2 - R4 and R6
R1 not ready in notice
1/5
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C.R.P.(N.P.D).No.4125 of 2014
ORDER
The present Civil Revision Petition is directed as against the order
dated 21.02.2013 passed in E.A.No.8 of 2011 in E.P.No.25 of 2010 in
O.S.No.146 of 2006 on the file of the learned I Additional District Court,
Cuddalore, thereby dismissed the petition filed by the petitioners under
Section 47 of CPC.
2.The 1st respondent herein filed the suit for specific performance
in respect of the suit property in O.S.No.146 of 2006, thereafter, the 1st
respondent filed execution petition in E.P.No.25 of 2010 for execution of
sale deed in respect of the suit property. While pending the execution
petition the petitioners herein filed a petition under Section 47 of CPC
claiming 2/6th share in the suit property.
3.According to the petitioners, they are the third parties in the suit
filed by the respondents. The deceased - Sriraman had two wives, viz.,
Panchaiammal and Dhanalakshmi. The petitioners were born through the
1st wife-Panchaiammal. They filed the suit for partition in O.S.No.6 of 2006
on the file of the Fast Track Court, Cuddalore. The said suit was dismissed
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C.R.P.(N.P.D).No.4125 of 2014
and aggrieved by the same, they filed an Appeal Suit before this Court in
A.S.No.605 of 2011. The same was also dismissed. At that juncture, the
petitioners filed the execution petition under Section 47 of CPC, claiming
2/6th share in the suit property.
4.Admittedly, the suit property belong to their father, viz., one
Sriraman. While being so, he entered into an agreement for sale in respect
of the suit property with the 1st respondent herein. It was decreed. Further
it is revealed that the legal heirs of the deceased defendant-Sriraman also
filed an Appeal Suit as against the Judgment and decree dated 18.01.2010 in
O.S.No.146 of 2008 and no interim order was obtained. Therefore without
any share allotted to the petitioners, they have no claim even till today.
Therefore, the execution Court rightly dismissed the petition filed by the
petitioners under Section 47 of CPC. Further, this Court finds no infirmity
or irregularity in the order passed by the I Additional District Court,
Cuddalore, in E.A.No.8 of 2011 in E.P.No.25 of 2010 in O.S.No.146 of
2006 dated 21.02.2013. However, if any interim order passed by this Court
in the Appeal Suit in A.S.No. 605 of 2011, filed by the petitioners as well as
the legal heirs of the deceased defendant-Sriraman, the execution Court may
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C.R.P.(N.P.D).No.4125 of 2014
consider the same and keep the matter in abeyance till the disposal of the
Appeal Suit.
5.With the above direction, the Civil Revision Petition is
dismissed. No costs.
27.01.2021
Index:Yes/No
Internet: Yes/No
Speaking Order: Yes/No
Jer
To
The I Additional District Court, Cuddalore.
http://www.judis.nic.in
C.R.P.(N.P.D).No.4125 of 2014
G.K.ILANTHIRAIYAN.J,
Jer
C.R.P.(P.D).No.4125 of 2014
27.01.2021
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