Madras High Court
M.Shanthi (Died) vs Anand Shankar on 12 July, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2021
Coram
The Hon'ble Mr. Justice C.V.KARTHIKEYAN
C.R.P.NPD.No.1303 of 2021
&
CMP No.10176 of 2021
1.M.Shanthi (died)
2,Deepa
3.Srividya
4.Shyalaja
... Petitioners/D.Hs./Petitioner
Vs
Anand Shankar
Prop. M/s. Chetan Enterprises
No.6, Nehru Nagar, Kottivakkam,
Old Mahabalipuram Road,
Thiruvanmiyur Post,
Chennai-600 041. ... Respondent/J.D./Respondent
Civil Revision Petition filed under Section 115 of the Code of
Civil Procedure, to set aside the docket order of the learned Principal
District Munsif, Alandur in E.A.No.17 of 2020 in E.P.No.12 of 1993 in
RCOP No.135 of 2013 dated 11.02.2020 taking it on file and ordering
notice to the respondent therein and reject the same consequently direct
the learned Principal District Munsif, Alandur, to order delivery of
vacant possession of the proerty at Plot No.6, Nehru Nagar, Kottivakkam
Village, Mahabalipuram Road, Chennai in E.P.No.83 of 2019 in RCOP
No.135 of 2013 forthwith.
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2
For Petitioner .. Mr.V.Sundarraman
For Respondent .. No appearance
ORDER
The learned counsel for the revision petitioner / petitioner in
RCOP No.136 of 2013 /Decree holder/Landlord stated that in RCOP
No.136 of 2013 judgment was passed directing eviction of the
respondent/tenant on 25.03.2019.
2. A decree naturally follows every judgment, if it is an executable
order. In the instant case, the very unfortunately either by oversight or
for any other reason, had been wrongly dated as 09.02.2019. Taking
advantage of this particular date, which is definitely a clerical error, the
respondent herein appears to have filed E.A.No.17 of 2020 seeking a
declaration that the decree itself is null and void and should be struck off
the Court. The said application is now meandering around the court
without any progress. With the petitioners herein taking time for filing
counter. Counter has not been filed even prior to the lock down in the
year 2020 and subsequently also. Now the revision petition has been
filed seeking interference of this Court by way of striking down
E.A.No.17 of 2020. It only be appropriate that since the Execution
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Application has been taken on file and assigned a number, and also
notice served to the respondents therein, and also since time had been
taken for counter that counter is filed with respect to the averments made
therein. Thereafter, the learned District Munsif, Alanthur, may pass an
order in E.A.No.17 of 2020.
3. No decree is drafted by the Judge personally and it is only the
judgment which is pronounced by the Court. Decree follows. It is drafted
based on the reliefs granted. There has been a typographical error with
respect to the date. A direction is given to the learned Principal District
Munsif, Alandhur, to pass orders in I.A.No.17 of 2020 within two
working days from the date on which the counter is filed. The matter to
be heard on every successive date and orders shall be passed.
4. With the above observation, this Civil Revision Petition is
disposed of. No order as to costs. Consequently, connected
miscellaneous petition is closed.
12.07.2021
Internet:Yes/No
Index:Yes/No
kal
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN,J.
kal
To
The Principal District Munsif,
Alandhur
C.R.P.NPD.No.1303 of 2021
&
CMP No.10176 of 2021
12.07.2021
https://www.mhc.tn.gov.in/judis/
