Madras High Court
Kandammal vs Chinnathayammal on 28 October, 2021
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
Kondan (died)
1.Kandammal
2.Selvam
3.Kaliappan
4.Sumathi
5.Ramayee ... Petitioners
versus
Komarasamy (died)
1.Chinnathayammal
2.Athiyappan
3.Thangaraj
4.Ponnusamy
5.Vijayalakshmi
Chinnan (died)
6.Gunasekaran
7.Kandan
8.Murugesan
9.Sellappan
1/6
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
Ponnammal (died)
10.Kuppan
11.Rajendran
12.Killan
13.Sellappan
14.Sellammal
15.Mariammal
16.Lakshmi ... Respondents
PRAYER: Civil Revision Petition has been filed under Section 115 of the
Code of Civil Procedure, to set aside the order dated 23.08.2021 made in
R.E.P.No.39 of 2012 in O.S.No.645 of 1997 on the file of the learned
Principal District Munsif, Namakkal.
For Petitioners : Mr.N.Manokaran
ORDER
This Civil Revision Petition is filed challenging the order dated
23.08.2021 passed in R.E.P.No.39 of 2012 in O.S.No.645 of 1997 on the file
of the learned Principal District Munsif, Namakkal.
2. The learned counsel for the petitioners submitted that,
there was a decree passed against the defendants 1 to 9 in O.S.No.645 of
1997 declaring the plaintiff in the suit, namely, Komarasamy has the right in
the suit property and for recovery of possession. It appears that, there is no
appeal against this judgment and decree. Therefore, the judgment and decree
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
passed in O.S.No.645 of 1997 has become final. It is the further submission
of the learned counsel for the petitioners that, the plaintiff Komarasamy died
and his legal representatives have filed R.E.P.No.39 of 2012 for executing
the decree. The defendants 2 and 7 had also died and their legal
representatives had been impleaded. Apart from defendants 2 and 7, the
respondents 5 and 14 in the Execution Petition have also died. Without
impleading their legal representatives, the petitioners are trying to execute
the decree and this fact has brought to the notice of the learned Executing
Court and the learned Executing Court rejected the petitioner's claim and
ordered delivery. Against the said dismissal order, this Civil Revision
Petition is preferred.
3. It is seen from the order of the learned District Munsif
that, it is observed that though there are several legal representatives of the
deceased respondents, it is enough that, the legal representatives, who are in
possession be impleaded as respondents in the Execution Petition. It appears
that, the alleged legal representatives of the deceased respondents 5 and 14
have not produced any material to show that, they are in possession of the
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
property. The petitioners have also not filed the death certificate and legal
heir certificate of the 14th respondent. Taking all these facts, the Executing
Court ordered delivery.
4. The suit was filed in 1997 and decreed on 05.04.2000.
Execution Petition was filed in 2012. Petitioners have not produced any
material to show that, they are in actual possession and entitled to the right
to protect their possession. Therefore, this Court finds no reason to interfere
with the order of the learned Principal District Munsif, Namakkal and the
order dated 23.08.2021 passed in R.E.P.No.39 of 2012 in O.S.No.645 of
1997 and is hereby confirmed.
5. Resultantly, this Civil Revision Petition is dismissed.
Consequently, connected Miscellaneous Petition is closed. However, there
is no order as to costs.
28.10.2021
Speaking order / Non-speaking order
Index : Yes / No
sri
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
To
The Principal District Munsif,
Namakkal.
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
G.CHANDRASEKHARAN, J.
sri
C.R.P. (NPD) No.2313 of 2021
and C.M.P. No.17528 of 2021
28.10.2021
https://www.mhc.tn.gov.in/judis
