Madras High Court
S.Sayee Prasad vs T.Palanisamy on 19 July, 2021
C.R.P.(N.P.D).No.3814 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) No.3814 of 2018 and
CMP.No.21204 of 2018
1.S.Sayee Prasad
2.S.Sayee Prasad ... Petitioners
Vs
1.T.Palanisamy
2.P.Lakshmanan ... Respondents
Prayer :- Civil Revision Petition is filed under Section 115 of CPC against
the fair and final order passed in EA.No.162 of 2018 in EP.No.48 of 2015
on the file of the Principal District Munsif Court, Coimbatore dated
01.08.2018.
For Petitioners : Mr.T.Sathiyamoorthy
for Mr.Sithirai Anandan
For Respondents : Mr.Sriram
for Mr.L.Mouli
ORDER
This Civil Revision Petition is filed against the fair and final order
passed in EA.No.162 of 2018 in EP.No.48 of 2015 on the file of the
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.3814 of 2018
Principal District Munsif Court, Coimbatore dated 01.08.2018, thereby
dismissing the petition filed under Section 47 of CPC in EP.No.48 of 2015.
2. The respondents filed petition for eviction in RCOP.No.145 of
1998 in respect of the suit property on the ground of wilful default, own use
and occupation. While pending the eviction petition, they also filed
IA.No.325 of 1999 claiming arrears of rent. In the said application, it was
held that the suit in OS.No.435 of 2000 was filed by the petitioners herein
for specific performance in respect of the suit property and as such the
application under Section 11 (4) of CPC is not maintainable. It was also
confirmed by the learned Rent Control Appellate Authority. In the
meanwhile, the suit filed by the petitioners was also dismissed by the
judgment and decree dated 22.07.2009. In the main RCOP No.145 of 1998,
judgment and decree passed in that suit was marked and eviction petition
was ordered. On the strength of the order, execution petition was filed in
EP.No.48 of 2015. Thereafter, the petitioners preferred appeal in
RCA.No.15 of 2016 and the same was also dismissed for default on
31.01.2018.
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C.R.P.(N.P.D).No.3814 of 2018
3. The petitioners without proceeding with the restoration petition,
they filed petition under Section 47 of CPC in the execution proceedings
and prayed for dismissal of the execution petition. The court below rightly
dismissed the petition for the reason that the execution court cannot go
beyond the decree and the contention of the petitioner that there is no jural
relationship between the petitioners and the respondents, cannot be decided
in the application filed under Section 47 of CPC. In fact, thereafter, the
petitioners also filed petition under Order 21 Rule 97 of CPC and the same
was also dismissed. 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.
19.07.2021
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.3814 of 2018
G.K.ILANTHIRAIYAN,J.
lok
To
The Principal District Munsif,
Coimbatore
C.R.P.(NPD) No.3814 of 2018
19.07.2021
https://www.mhc.tn.gov.in/judis/
