Madras High Court
K.Machakanni vs A.P.L.Mohaideen on 4 August, 2022
CRP(PD)(MD)No.1202 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(PD)(MD)No.1202 of 2022
CMP(MD)No.4906 of 2022
K.Machakanni ... Petitioner
versus
1. A.P.L.Mohaideen
2. Badhusha
3. Bagavathy ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution
of India, seeking a direction to the learned Principal District Judge,
Thoothukudi to take on file and number the petition in unnumbered
E.A.../2022 in E.A.No.926/18 in E.P.No.16/14 in O.S.No.121/12 on the
file of the learned Principal Sub Judge, Tenkasi.
For Petitioner : Mr.G.Prabhu Rajadurai
For R1 : Mr.S.S.Thesigan
1/6
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CRP(PD)(MD)No.1202 of 2022
ORDER
This Civil Revision Petition is filed challenging the return of
unnumbered application filed in E.A.No.926 of 2018 in E.P.No.16 of
2014 in O.S.No.121 of 2012 on the file of the learned Principal Sub
Judge, Tenkasi.
2. The learned counsel appearing for the petitioner submits that
the suit in O.S.No.121 of 2012 was filed by the second respondent
against the third respondent for recovery of money. The said suit was
decreed by Judgment and Decree dated 22.01.2014. Since the third
respondent has not paid the money, his property was attached and also
brought for sale. The first respondent is the purchaser in the Court
auction and he has filed an application for delivery in E.A.No.926 of
2018. The petitioner, who is the adjacent owner, has also filed an
application under Order 21 Rule 97 C.P.C with an allegation that the
property has wrongly been mentioned, including a part of his property
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CRP(PD)(MD)No.1202 of 2022
also. However, it was not numbered and returned by the Court below
as it was not maintainable. Aggrieved over the same, the present Civil
Revision Petition has been filed.
3. The learned counsel appearing for the petitioner, by relying
upon the Judgment of this Court reported in (2016) 1 MWN (Civil) 712
(P.K.Vinayagam vs. Saraswathi and another), further submits that a
part of the petitioner's property has wrongly been added in the property,
which was sold in the Court auction and the petitioner was also not a
party to the suit. He further submits that the petitioner can establish his
case only by way of filing an application under Order 21 Rule 97
C.P.C. Without providing an opportunity, the Court below has
returned the application. Therefore, an opportunity must be provided
as laid down by this Court in the citation as cited supra.
4. The learned counsel appearing for the first respondent submits
that the Judgment-debtor, who lost his case, has set up the petitioner
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CRP(PD)(MD)No.1202 of 2022
herein to defeat the claim of the first respondent.
5. Heard the learned counsel appearing on either side and perused
the materials available on record.
6. The petitioner claims that he was assigned with a land to an
extent of 70.35 sq. metres and he has also put up a construction in that
land. A portion of his property has also been added as a property of the
3rd respondent and put into the auction.
7. Since the petitioner is raising certain plea and he was also not a
party to the suit and subsequent proceedings, he must be provided an
opportunity. Therefore, the learned Principal Sub Judge, Tenkasi, shall
number the application and decide the same, after providing an
opportunity of hearing, within a period of one month from the date of
receipt of a copy of this order.
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CRP(PD)(MD)No.1202 of 2022
8. With the above direction, the Civil Revision Petition is
disposed of. No costs. Consequently, connected miscellaneous
petition is closed.
04.08.2022
ogy
Index : Yes / No
Internet: Yes / No.
Note : The Registry is directed to return
the original impugned order.
To
1. The learned Principal Sub Judge,
Tenkasi.
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CRP(PD)(MD)No.1202 of 2022
B.PUGALENDHI, J.
ogy
CRP(PD)(MD)No.1202 of 2022
04.08.2022
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