Madras High Court
Ganapathi Gounder vs Chandra on 5 July, 2021
C.R.P.(PD)No.3325 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD)No.3325 of 2018
Ganapathi Gounder ... Petitioner
Vs.
1. Chandra
2. Pounammal
3. Valli
4. Jeevaraj
5. M.Arumugham ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the fair and decreetal order dated
28.04.2017 passed in E.A.No.157 of 2016 in E.P.No.48 of 2013 in
O.S.No.162 of 1989 on the file of the Additional District Munsiff,
Tirupattur, Vellore District.
For Petitioner : Mr.K.Mohanamurali
For Respondents : No appearance
Page 1 of 6
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C.R.P.(PD)No.3325 of 2018
ORDER
This Civil Revision Petition is directed as against fair and
decreetal order dated 28.04.2017 passed by the learned Additional District
Munsiff, Tirupattur, Vellore District in E.A.No.157 of 2016 in E.P.No.48 of
2013 in O.S.No.162 of 1989, thereby staying further proceedings of EP.
2. The petitioner is the plaintiff and the respondents 1 to 4 are
third parties and the fifth respondent is the second defendant. The petitioner
filed suit in O.S.162 of 1989 for partition and it was decreed. On the
strength of the decree, the petitioner filed execution petition in E.P.No.48 of
2013 for separate possession. When the execution petition was pending, the
respondents 1 to 4 filed petition in the execution proceedings in E.A.No.157
of 2016 to stay all the proceedings.
3. The case of the respondents 1 to 4 herein is that they are the
sisters of the petitioner herein and the petitioner suppressed the true facts,
filed the suit for partition and obtained decree. In fact, the respondents 1 to
4 had filed suit in O.S.No.56 of 2011 for partition on the file of the
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C.R.P.(PD)No.3325 of 2018
Subordinate Court, Tirupattur. The suit property is a joint family property
and all of them are jointly in possession and enjoyment of the suit property.
Therefore, till the disposal of the suit filed by them, the execution
proceedings should be stayed. Considering the facts, the Court below stayed
all the proceedings and terminated the main execution petition itself.
Aggrieved by the same, the petitioner filed this present Civil Revision
Petition.
4. The learned counsel appearing for the petitioner would submit
that now the suit filed by the respondents 1 to 4 herein, in O.S.No.56 of
2011 was dismissed by the judgment and decree dated 14.02.2018. He
further submitted that at least the Court below may keep the matter pending
till the disposal of the suit filed by the respondents 1 to 4. Without doing so,
the execution Court dismissed the main execution petition itself. Hence, he
prayed to allow this petition.
5. On a perusal of the impugned order revealed that the execution
Court allowed the stay petition only for the reason that the respondents 1 to
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C.R.P.(PD)No.3325 of 2018
4 are the joint owners of the suit property and they also filed suit in
O.S.No.56 of 2011. In view of the order dated 14.02.2018 passed in
O.S.No.56 of 2011, thereby dismissing the suit, the order passed by the
execution Court is illegal and liable to be set aside.
6. Accordingly, the order dated 28.04.2017 passed by the learned
Additional District Munsiff, Tirupattur, Vellore District in E.A.No.157 of
2016 in E.P.No.48 of 2013 in O.S.No.162 of 1989 is hereby set aside and
the execution Court is directed to dispose the execution petition in
E.P.No.48 of 2013, within the period of three months from the date of
receipt of a copy of this Order.
7. With the above directions, this Civil Revision Petition is
allowed. There shall be no order as to cost.
05.07.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3325 of 2018
To
1. The Additional District Munsiff,
Tirupattur, Vellore District
2. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3325 of 2018
G.K.ILANTHIRAIYAN, J.
rts
C.R.P.(PD)No.3325 of 2018
05.07.2021
https://www.mhc.tn.gov.in/judis/
