Madras High Court
Vinod Mohan vs C.Ethiraj on 20 April, 2022
CRP.(NPD)No.1048/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2022
CORAM:
Mr. JUSTICE N.SESHASAYEE
C.R.P.(NPD)No.1048 of 2022
and C.M.P.No.5369 of 2022
Vinod Mohan ...Petitioner
Vs
1.Pappi Chetty Ragaviah Chetty's Charities,
Rep. by its Trustees,
1.C.Ethiraj
2.V.Sudhakar
3.V.Ram Mohan Gupta
4.Smt.V.Shantha Sridhar
5.G.Badrinarayana
6.J.V.Perumal
7.Y.V.Harikrishna
8.A.S.Hariprasad
9.V.Govardhan
2.A.Amarnath
Propriator M/s.Scooter Needs,
No.171, Poonamallee High Road,
Kilpauk, Chennai 600 010. ...Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis
CRP.(NPD)No.1048/2022
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the E.A.SR.No.55510 of 2021 in
E.A.No.1 of 2021 in E.P.No.650 of 2004 in O.S.No.3170 of 2003 dated
06.12.2021 on the file of the X Asst.Judge, City Civil Court, Chennai.
For Petitioner : Mr.K.Mohanamurali
ORDER
Heard, Mr.Mohanamurali, learned counsel for the Revision Petitioner, and
Mrs.Chitra Sampath, learned Senior Counsel for Ms.C.Jayachithra, learned
counsel for the respondents.
2.The facts are as below:
(a) that the plaintiff is a public charitable trust and that it laid the suit in
O.S.No.3170/2003 for eviction of its tenants. This suit came to be
decreed and promptly, the plaintiff laid E.P.No.650 of 2004 for
delivery of the property. The delivery too was ordered and when the
bailiff had gone to the property to effect delivery, this was obstructed
by the present revision petitioner claiming that he is a sub-tenant
https://www.mhc.tn.gov.in/judis
CRP.(NPD)No.1048/2022
under the defendant.
(b) The plaintiff/decree holder would now file E.A.No.3564 of 2004 for
removing the obstruction under Order 21 Rule 97 CPC. This came to
be dismissed by the execution Court, which order later came to be
confirmed by the first appellate court in A.S.No.21 of 2005.
Aggrieved by the same, the decree holder preferred a second appeal
in S.A.No.269/2009 before this Court, and after a full-fledged
hearing, this Court allowed the second appeal and directed removal of
obstruction which the revision petitioner herein has posed, and also
directed him to pay damages. This judgment was delivered by this
Court on 29.06.2012. In the meantime, the execution court has closed
the EP and it has directed that the decree holder could only take
symbolic possession of the property.
(c) After the decree in S.A.No.261 of 2009, the decree holder would now
move the execution court in E.A.No.1/2021 to revive E.P.No.650 of
2004. In this, notice was ordered to the revision petitioner and he has
filed his counter. Thereafter, he filed the present
https://www.mhc.tn.gov.in/judis
CRP.(NPD)No.1048/2022
E.A.SR.No.55510/2021 for rejecting E.A.No.1 of 2021 raising almost
the same grounds which he has taken for resisting the very E.A.No.1
of 2021.
3.At this point of time, the learned counsel for the revision petitioner opted
to withdraw this Revision. This Civil Revision Petition is allowed to be
withdrawn. It is however, underscored that the Execution Court is required
to exercise its best caution and try to ensure that the decree obtained by the
respondent is executed at the very earliest and its agony is mitigated, lest the
legal system will lose all its relevance to the citizens of this Country.
4.Mr.Mohanamurali, learned counsel for the revision petitioner even offered
to negotiate with the decree holder, but that he can do, not before the Court
but otherwise. The Execution Court need not hold on its process merely on
the ground of a proposed peace offer made by the revision petitioner.
https://www.mhc.tn.gov.in/judis
CRP.(NPD)No.1048/2022
5.In the result, the Civil Revision Petition is dismissed as withdrawn.
Consequently, the connected miscellaneous petition is closed. No costs.
20.04.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Tsg/dk
To
X Asst Judge, City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
CRP.(NPD)No.1048/2022
N.SESHASAYEE, J.,
Tsg/dk
C.R.P.(NPD)No.1048 of 2022
and C.M.P.No.5369 of 2022
20.04.2022
https://www.mhc.tn.gov.in/judis
