Madras High Court
Ramu (A) Ramamurthy vs Thangaraj on 8 July, 2021
C.R.P.(PD)No.3428 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) No.3428 of 2018
&
CMP.No.19273 of 2018
1.Ramu (a) Ramamurthy
2.Krishnamoorthy
3.Balu ... Petitioners
Vs.
Sundarajan (Died)
1.Thangaraj
2.Jothi
3.Thulasiraman
4.Sumathi
5.Suguna ... Respondents
Prayer: The Civil Revision Petition filed under Article 227 of
Constitution of India against the fair and decreetal order dated
03.10.2018 passed in I.A.No.25 / 2018 in A.S.No.20/2018 on the file of I
Additional Sub-Judge, Villupuram.
For Petitioners : Ms. R.Sripriya
for Mr.V.Raghavachari
For Respondent : Mr.T.Dhanyakumar
Nos.1 to 5
Page 1 of 5
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C.R.P.(PD)No.3428 of 2018
ORDER
The civil revision petition is filed against the fair and decreetal
order dated 03.10.2018 passed in I.A.No.25 / 2018 in A.S.No.20/2018 on
the file of I Additional Subordinate Court, Villupuram, thereby dismissing
the petition seeking stay of all further proceedings of the order and decree
in E.A.No.100 of 2010 in E.P.No.172 of 2008 in O.S.No.575 of 1991.
2.The petitioners herein are the appellants and the respondents
are the respondents in the appeal suit in A.S. No. 20 of 2018. The said
appeal suit was filed by the petitioners challenging the order of dismissal
dated 10.10.2011 passed in E.A. No. 100 of 2010 in E.P. No. 172 of
2008 in O.S.No. 575 of 1991. Pending the appeal suit, I.A. No. 25 of
2018 was filed by the petitioners seeking stay of all further proceedings in
E.A. No. 100 of 2010 in E.P. No. 172 of 2008 arising out of the judgment
and decree in O.S.No. 575 of 1991.
3.The case of the petitioners is that the suit property, which
originally belonged to their father Ranganathan, was brought under court
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C.R.P.(PD)No.3428 of 2018
auction sale pursuant to the decree obtained in a suit instituted by one
Perumal against their father and the same was purchased by one
Lakshminarayanan by virtue of execution proceedings in E.P. No. 402 of
1972 in O.S. No. 100/72 on the file of Subordinate Judge, Cuddalore.
According to the petitioners, the said Lakshminarayanan died intestate
leaving behind 3 sons, namely, Sundarrajan (deceased), Thangaraj (1 st
respondent herein) and one Seetharaman and four other daughters. Two
of his sons, namely, Sundarrajan and Thangaraj filed O.S. NO. 575 of
1991 as against the petitioners herein and their brother Seetharaman for
declaration, recovery of possession and mesne profits, alleging that the
petitioners had trespassed into the suit property in 1988. The said suit
was dismissed as against which A.S. No. 94 of 1994 was filed by the
respondents and the same was allowed, aggrieved by which, the present
petitioners filed S.A.No. 940 of 2000 and the same was dismissed on
01.09.2008. The further case of the petitioners is that subsequent to the
dismissal of S.A. No. 940 of 2000, the petitioners had purchased 3/7
shares from the daughters of Lakshminarayanan and filed O.S. No. 459
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C.R.P.(PD)No.3428 of 2018
of 2009 for cancellation of the decree in O.S. No. 575 of 1991. But, the
same was also dismissed as against which the petitioners have filed A.S.
No. 48 of 2012, which is pending on the file of Principal Sub Court,
Villupuram.
4.Therefore, if at all, the petitioners succeeded in the appeal
suit, they can work out their remedy in the manner known to law. Hence,
the Court below rightly dismissed the I.A. and this Court finds no
infirmity or illegality in the order passed by the Court below.
Accordingly, the civil revision petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
08.07.2021
Index: Yes/No
Internet: Yes/No
Speaking/Non-Speaking order
sms
To
I Additional Sub-Judge, Villupuram.
G.K.ILANTHIRAIYAN, J
sms
http://www.judis.nic.in
C.R.P.(PD)No.3428 of 2018
C.R.P.(PD) No.3428 of 2018
&
CMP.No.19273 of 2018
08.07.2021
http://www.judis.nic.in
