Madras High Court
V.Mani vs Manjula on 9 March, 2021
C.R.P.(NPD)No.1851 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) No.1851 of 2015
and
MP.No.1 of 2015
V.Mani
S/o.Velayudham
... Petitioner
Vs.
Manjula
... Respondent
Prayer:-
Civil Revision Petition filed under Section 115 of Civil Procedure
Code to set aside the the order and decretal order passed in E.P.No.283
of 2013 in O.S.No.201 of 2010 dated 06.04.2015 on the file of the
Principal District Munsif, Cuddalore and allow the Civil Revision
Petition.
For Petitioner : Mr.T.R.Rajaraman
For Mr.V.V.Sairam
For Respondent : Mr.M.Murugesan
***
1/5
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.1851 of 2015
ORDER
This Civil Revision Petition is directed as against the fair and
decretal order dated 06.04.2015 passed in E.P.No.283 of 2013 in
O.S.No.201 of 2010 on the file of the Principal District Munsif,
Cuddalore thereby, order arrest of the petitioner herein.
2. The petitioner is the defendant in the suit filed by the respondent
for bare injunction in respect of the suit property. The suit was filed on
10.05.2010. On perusal of records revealed that for the very same
property, the petitioner's wife entered into an agreement of sale with the
vendor of the respondent herein on 05.02.2010. While pending the said
agreement, the respondent and her husband were put in possession of the
suit property and thereafter, the petitioner-vendor executed sale deed
dated 15.03.2010. On the strength of the said sale deed, the respondent
filed the present suit. While pending the said suit, the petitioner's wife
also filed a suit for specific performance in O.S.No.201 of 2010 as
against the respondent-vendor. The suit was decreed in favour of the
petitioner's wife. Thereafter, she filed an Execution Petition in EP.No.80
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C.R.P.(NPD)No.1851 of 2015
of 2012 and in the Execution Petition, the sale deed was executed in
favour of the petitioner's wife vide registered sale deed dated 21.01.2012.
In fact, the delivery was also effected on 03.02.2013. In the meanwhile,
the suit filed by the respondent, the petitioner failed to appear before the
Court and as such, he was set ex-parte and ex-parte decree order was
passed on 31.01.2012. In pursuant to the said decree, the respondent
filed execution petition alleging that the petitioner deliberately took
possession of the suit property and violated the order passed in
O.S.No.201 of 2010. Whereas, the wife of the petitioner filed a suit for
specific performance and the same was decreed by judgment and decree
dated 11.03.2011. Before filing execution petition, the petitioner's wife
died and as such the petitioner herein filed execution petition in
EP.No.80 of 2012, thereafter, delivery of the same was effected on
03.02.2013. It is also seen that after filing the execution petition, the
petitioner's wife also filed a suit for declaration and injunction for the
very same property in O.S.No.22 of 2014 on the file of the Principal Sub
Court, Cuddalore and it is pending for trial. Therefore, the petitioner
never violated the order passed by the Court below and in pursuant to the
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C.R.P.(NPD)No.1851 of 2015
sale deed and also delivery effected only in the execution proceedings in
EP.No.80 of 2012.
3. In view of the above, this Civil Revision Petition is allowed and
the order passed in E.P.No.283 of 2013 in O.S.No.201 of 2010 dated
06.04.2015 on the file of the Principal District Munsif, Cuddalore, is
hereby set aside. There shall be no order as to costs. Consequently,
connected miscellaneous petition is closed.
09.03.2021
Index : Yes/No
Speaking order/Non-speaking order
kmi
To
1. The Principal District Munsif,
Cuddalore.
2. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.1851 of 2015
G.K.ILANTHIRAIYAN, J.
kmi
C.R.P.(NPD) No.1851 of 2015
09.03.2021
https://www.mhc.tn.gov.in/judis/
