Madras High Court
S. Shanthi vs Jayapal on 29 July, 2021
C.R.P. (NPD).No.4151 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P. (NPD) No. 4151 of 2018
and
C.M.P.Nos. 22890 of 2018 & 16681 of 2019
S. Shanthi .... Petitioner
Vs
1. Jayapal
2. V.Babu
3. Sri Raj & Co (auctioner)
No.7, Sungurama Chetty,
Chennai – 600 001. .... Respondents
Prayer: Civil Revision Petition filed under Section 115 of the Civil
Procedure Code to set aside the fair and decreetal order dated 26.11.2018
made in I.A.No.9899 of 2018 in O.S.No.8544 of 1994 on the file of the IV
Assistant Judge, City Civil Court, Chennai.
For Petitioner : Mr.S.Buvaneswari
For R1 : Mr.R.Karunagaran
For R2 & R3 : No appearance
1/5
https://www.mhc.tn.gov.in/judis/
C.R.P. (NPD).No.4151 of 2018
ORDER
This Civil Revision Petition is filed against the fair and decreetal
order dated 26.11.2018 made in I.A.No.9899 of 2018 in O.S.No.8544 of
1994 on the file of the IV Assistant Judge, City Civil Court, Chennai,
thereby permitting the first respondent herein to withdraw the amount
deposited by the petitioner.
2. The revision petitioner is the plaintiff and the respondents are
the defendants. The petitioner filed a suit for return of original documents
and also to cancel the mortgage deed. The suit was decreed in favour of the
petitioner by a Judgment and Decree dated 05.03.2013. In pursuant to the
decree, the petitioner filed an Execution Petition in E.P.No.2394 of 2015, in
which, the petitioner deposited a sum of Rs.2,96,200/- to the credit of the
suit. Pending suit, the second respondent herein through the private
auctioner viz., the third respondent herein, auctioned the suit property, in
which, the first respondent purchased the same. However, the suit was
decreed in favour of the petitioner and in the Execution Petition, the
https://www.mhc.tn.gov.in/judis/
C.R.P. (NPD).No.4151 of 2018
petitioner deposited a sum of Rs.2,96,200/-. While being so, the first
respondent filed a petition to order payment out of the suit amount which is
lying in the account of the suit and the same was allowed. Aggrieved by the
same, the present Civil Revision Petition is filed by the petitioner.
3. In view of the decree, the sale deed executed in favour of the
first respondent was set aside and the first respondent handed over all the
certified parent documents of the suit property to the petitioner herein.
Therefore, the first respondent has to be permitted to withdraw the amount
deposited by the petitioner to the credit of the suit. Accordingly, the Civil
Revision Petition stands disposed of with the following directions :-
(i) the first respondent is permitted to withdraw the amount of
Rs.2,96,200/- lying in the credit of O.S.No.8544 of 1994 on the file of the
IV Assistant Judge, City Civil Court, Chennai.
(ii) The Sub Registrar, Sembiyam, is directed to delete the entry of
the mortgage deed and the sale deed executed in favour of the first
respondent forthwith.
https://www.mhc.tn.gov.in/judis/
C.R.P. (NPD).No.4151 of 2018
(iii) The Sub Registrar, Sembiyam, is directed to delete the entries
without insisting the presence of the mortgagee viz., the second respondent
herein, who already died without any issues.
Consequently, connected Miscellaneous Petitions are closed. No costs.
29.07.2021
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
Lpp
To
1. The IV Assistant Judge,
City Civil Court, Chennai.
2. The Sub Registrar,
Sembiyam.
3.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.R.P. (NPD).No.4151 of 2018
G.K.ILANTHIRAIYAN.J,
Lpp
C.R.P. (NPD) No.4151 of 2018
and
C.M.P.Nos.22890 of 2018 & 16681 of 2019
29.07.2021
https://www.mhc.tn.gov.in/judis/
