Maniammal vs Bhuvaneshwari
2021 Latest Caselaw 13843 Mad

                                                                                 C.R.P.(N.P.D).No.2900 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 12.07.2021

                                                           CORAM

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

                                              C.R.P.(NPD) No.2900 of 2018 and
                                                   CMP.No.16977 of 2018
                     Maniammal                                          ...             Petitioner

                                                              Vs

                     Bhuvaneshwari                                         ...          Respondent


                     Prayer :- Civil Revision Petition is filed under Article 227 of the
                     Constitution of India against the fair and decretal order made in EP.No.39 of
                     2012 in OS.No.18 of 2007 dated 18.06.2018 on the file of the Subordinate
                     Judge, Bhavani, Erode District


                                   For Petitioner      :   Mr.V.Balamurugane

                                   For Respondent      : M/s.Sathya
                                                         for M/s.Zeenath Begum


                                                         ORDER

This Civil Revision Petition is filed against the fair and decretal

order made in EP.No.39 of 2012 in OS.No.18 of 2007 dated 18.06.2018 on

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.2900 of 2018

the file of the Subordinate Judge, Bhavani, Erode District, thereby ordered

arrest of the petitioner herein.

2. The petitioner is the defendant and the respondent is the

plaintiff. The respondent filed suit for bare injunction, in which the

petitioner was set exparte and exparte decree was passed by the judgment

and decree dated 03.11.2008. Aggrieved by the same, the petitioner filed

petition to set aside the exparte decree with the delay of more than 1300

days in filing the petition to set aside the exparte decree and the same was

dismissed. Aggrieved by the same, the petitioner filed civil revision petition

in CRP.No.3548 of 2016 and the same was also dismissed by order dated

12.02.2021. Simultaneously, the respondent filed execution petition with the

allegation that even after the decree, the petitioner disturbed her possession

and enjoyment of the suit property. The court below examined PW1 on the

side of the respondent / decree holder and marked Ex.P1 to Ex.P5. On the

side of the petitioner, examined RW1 and 2 and marked Ex.R1 to Ex.R6.

3. On perusal of Ex.A5, revealed that the respondent lodged

complaint, in which enquiry was conducted and filed report. After decree

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.2900 of 2018

and judgment, the petitioner ought not to have disturbed the possession and

enjoyment of the suit property by the respondent herein. In fact, she also

failed in setting aside the exparte decree, since she filed the petition to set

aside the exparte decree with delay of more than 1300 days without any

sufficient cause. Therefore, this Court finds no infirmity or illegality in the

order passed by the court below.

4. Accordingly, this civil revision petition is dismissed.

Consequently, connected miscellaneous petition is closed. No order as to

costs.

12.07.2021

lok Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.2900 of 2018

G.K.ILANTHIRAIYAN,J.

lok

To

The Subordinate Judge, Bhavani, Erode District

C.R.P.(NPD) No.2900 of 2018

12.07.2021

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