Madras High Court
K.B.Subramani vs K.M.Bellie on 4 April, 2022
C.R.P(NPD)No.801 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM:
THE HON'BLE Mr. JUSTICE N.SESHASAYEE
C.R.P(NPD)No.801 of 2022
& CMP.No.4037 of 2022
K.B.Subramani ... Petitioner
Vs.
K.M.Bellie ... Respondent
PRAYER: The Civil Revision Petition is filed under Section 115 of Civil
Procedure Code, to set aside the fair and final order dated 9.7.2019 passed by
the learned District Munsiff, Coonoor in I.A.No.1 of 2019 in O.S.No.66 of
2013.
For Petitioner : Mr.L.Mouli
For Respondent : Ms.Chitra Maragatham
ORDER
In a suit for mandatory injunction, to remove a certain structure from the suit
property, which the defendant claims as his own. Trial of the suit
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C.R.P(NPD)No.801 of 2022
commenced and an ex-parte decree came to be passed due to the failure of the
defendant to participate in the trial. Thereafter, the plaintiff laid an execution
petition. Notice of E.P. was served on the defendant/Judgment
Debtor/Revision Petitioner and wherein after, some four months time have
lapsed for filing necessary applications to set aside the ex-parte decree.
2.Heard both sides.
3.The learned counsel for the revision petitioner tried to explain the delay and
factually reiterated the line of reasoning adduced in the affidavit filed in
support of the Application for condonation of delay of 580 days.
4.The learned counsel for the respondent strongly opposed the same, that this
Application is nothing but a ruse to delay the inevitable and it has
considerably inconvenienced the plaintiff/respondent.
5.This Court carefully weighed the rival submissions and also perused the
typed set of papers as well as the order now in challenge. While, this Court
does not dismiss the submissions made on behalf of the learned counsel for
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C.R.P(NPD)No.801 of 2022
the petitioner as lacking in merit, it is conscious of the fact that the issue
ultimately involves a right over a certain property, no matter how the relief is
couched in the plaint. Since the trial too has commenced, it is only the
formalities which has to be completed. Therefore, taking a broader view of the
matter, this Court chooses to allow this Revision but, for the inconvenience
caused to the respondent, it directs the revision petitioner to pay the
respondent a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as
cost.
6.In conclusion, this Civil Revision Petition is allowed subject to the revision
petitioner paying the respondent/his counsel a sum of Rs.25,000/- within two
weeks from today. Consequently, the connected miscellaneous petition is
closed.
7.The learned District Munsiff Court, Coonoor is now directed to complete the
trial of the suit pending in O.S.No.66 of 2013 within a period of four (4)
months from the date of communication of a copy of this order.
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C.R.P(NPD)No.801 of 2022
8.Post the matter for reporting compliance on 19.04.2022.
04.04.2022
Index : Yes/No
Internet : Yes / No
Speaking /Non Speaking
Tsg/dk
Note: Issue order copy on 06.04.2022
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)No.801 of 2022
N.SESHASAYEE, J.,
Tsg/dk
To
The District Munsiff,
Coonoor.
C.R.P(NPD)No.801 of 2022
04.04.2022
https://www.mhc.tn.gov.in/judis
