Madras High Court
Arukkani vs R.Sivanantham on 19 January, 2022
C.R.P.Nos.268 & 269 of 2021
and CMP.No.2513 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.Nos.268 & 269 of 2021
and
CMP.No.2513 of 2021
Arukkani ..Petitioner in both CRP
Vs.
1.R.Sivanantham
2.Rukmani
3.Jaganathan
4.Kolandasamy
5.R.S.Nallasivam
6.Loganayaki
7.Throwpathi
8.Gandhimathi ..Respondents in both CRP
Common Prayer: Civil Revision Petitions filed under Section 115 of CPC.,
against the fair and decreetal order dated 10.12.2020 made in EA.Nos.13 &
14 of 2020 in E.A.No.7 of 2019 in EP.No.22 of 2008 in OS.No.320 of 1999
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C.R.P.Nos.268 & 269 of 2021
and CMP.No.2513 of 2021
on the file of the First Additional District Munsif Court, Erode.
For Petitioner in both CRP : Mr.Harish for Mr.N.Manoharan
For Respondents in both CRP : No appearance
COMMON ORDER
Despite service, respondents are not appering either in person or
through counsel, duly instructed.
2.These two revisions are directed against the orders passed in
EA.Nos.13 & 14 of 2020 in EA.No.7 of 2019 in EP.No.22 of 2008.
EP.No.22 of 2008 is an execution petition, seeking execution of a decree for
mandatory injunction granted in AS.No.56 of 2015. A suit in OS.No.320 of
1999 was originally filed for the relief of permanent injunction and mandatory
injunction. The Trial Court granted a decree for permanent injunction alone.
On appeal, the Appellate Court granted a decree for mandatory injunction.
The petitioner, who claims to be a third party, filed EA.No.7 of 2019, setting
up independent title over the property in question. Being an application filed
under Order 21 Rule 97 of CPC., the petitioner was allowed to lead evidence
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C.R.P.Nos.268 & 269 of 2021
and CMP.No.2513 of 2021
in EA.No.7 of 2019. During the course of the enquiry, the petitioner filed
applications in EA.Nos.13 & 14 of 2020, seeking condonation of delay in
filing certain documents and to re-call herself as PW1 to mark those
documents.
3.The said applications were opposed on the ground that the
petitioner is attempting to delay further proceedings. The execution
application in EA.No.7 of 2019 itself has been filed by the petitioner
obstructing execution of the decree, setting up independent claim. The same
will have to be tried as a suit, where all questions relating to title and interest
of the parties to the proceedings will have to be gone into by the Court
executing the decree. The learned Trial Judge has dismissed the applications
solely on the ground of delay and the fact that the right of the petitioner is not
being denied by the other respondents, who are defendants in the suit. The
said observation of the learned District Munsif is not correct. The petitioner,
asserts a right against the decree holders and not against co-judgment debtors.
The decree holders, are opposing the claim of the petitioner. Therefore, it is
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C.R.P.Nos.268 & 269 of 2021
and CMP.No.2513 of 2021
for the petitioner to prove her title or interest in the property by adducing
evidence. All that the petitioner seeks is to let in evidence. I do not think, the
learned Trial Judge was right in dismissing the applications to produce
documents and to re-call PW1.
4.In view of the above, these civil revision petitions are allowed,
the orders of the I-Additional District Munsif, Erode made in EA.Nos.13 &
14 of 2020 are set aside. Applications in EA.Nos.13 & 14 of 2020 will stand
allowed. The petitioner will be entitled to produce documents and lead
evidence. No costs. Consequently, connected miscellaneous petition is
closed. The petitioner shall complete her evidence within a period of three
months from the date of commencement of the proceedings before the Trial
Court after this order.
19.01.2022
kkn
Index:No
Internet:Yes
Speaking
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C.R.P.Nos.268 & 269 of 2021
and CMP.No.2513 of 2021
To-
The I-Additional District Munsif Court,
Erode.
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C.R.P.Nos.268 & 269 of 2021
and CMP.No.2513 of 2021
R.SUBRAMANIAN, J.
KKN
C.R.P.Nos.268 & 269 of 2021
and
CMP.No.2513 of 2021
https://www.mhc.tn.gov.in/judis
C.R.P.Nos.268 & 269 of 2021
and CMP.No.2513 of 2021
19.01.2022
https://www.mhc.tn.gov.in/judis
