K.V.Meera vs J.Senthamizh Selvi
2022 Latest Caselaw 1176 Mad

                                                                                   CRP.NPD.No.2768/2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 25.01.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                    CRP.NPD.No.2768/2021 & CMP.No.20167/2021

                                          (Heard through Video Conferencing)

                     K.V.Lakshmipathy (Died)
                     1.K.V.Meera
                     2.Jayanthi
                     3.K.V.Saroja
                     4.N.N.Savithri
                     5.Ethiraj                                                          ... Petitioners

                                                            Vs

                     1.J.Senthamizh Selvi
                       N.Kasi Viswanathan (Died)                                      ... Respondents


                     Prayer: Civil Revision Petition filed Article 227 of the Constitution of India to
                     set aside the docket order dated 23.10.2021 made in E.P.No.7/2011 in
                     O.S.No.6871/1990, passed by the Principal District Munsif Court,
                     Thiruvallur.
                                          For Petitioners        : Mr.R.Prabhakaran




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                      CRP.NPD.No.2768/2021



                                                             ORDER

(1) The challenge in this Revision is to the order passed during the course

of execution proceedings in E.P.No.7/2011 where the decree holder

seeks to execute the decree for permanent injunction by arresting and

detaining the judgment debtors complaining that they have, in

violation of the decree for permanent injunction, trespassed over the

Suit property.

(2) An objection was taken in the execution proceedings to the effect that

larger extent of property has been acquired by the Chennai

Metropolitan Development Authority [in short ''CMDA''] and the

CMDA has taken possession of the property and hence, the decree is

in executable. This very question was considered by the Court in

CMA.No.9/2019 and it was held that the acquisition of the larger

extent by CMDA has no bearing on the present execution

proceedings. The said order passed by the learned Additional District

Judge, Thiruvallur, was confirmed by this Court in

CRP.NPD.No.3237/2019. The very same question is sought to be re

https://www.mhc.tn.gov.in/judis CRP.NPD.No.2768/2021

agitated in this revision.

(3) I had in fact called for the Report from the officials regarding

possession of the property.

(4) The Member Secretary, Chennai Metropolitan Development

Authority, has written to the Special Tahsildar stating that S.No.55/5

is outside the boundary of the Koyambedu Wholesale Market

Complex. I therefore do not see any merit in the revision.

(5) In the result, the Civil Revision fails and it is accordingly dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                                               25.01.2022

                     AP
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                     To
                     The Principal District Munsif,
                     Thiruvallur.

https://www.mhc.tn.gov.in/judis CRP.NPD.No.2768/2021

R.SUBRAMANIAN, J.

AP

CRP.NPD.No.2768/2021

https://www.mhc.tn.gov.in/judis CRP.NPD.No.2768/2021

25.01.2022

https://www.mhc.tn.gov.in/judis