Srinivasan vs Jeyaram
2022 Latest Caselaw 10734 Mad

                                                                       C.R.P(MD)No.2130 of 2015

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 Dated: 21.06.2022

                                                       CORAM:

                                     THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                         C.R.P(MD)No.2130 of 2015(NPD)


                Srinivasan                                        ... Petitioner
                                                        Vs

                Jeyaram                                           ... Respondent

                PRAYER: Civil Revision Petition is filed under Article 227
                of the Constitution of India, to set aside the fair and
                decreetal            order   dated   07.08.2015   passed   in   E.P.No.21   of
                2015 in O.S.No.501 of 2000 on the file of the Principal
                District Munsif, Kuzhithurai and allow the present civil
                revision petition.


                                   For Petitioner       : Ms.J.Anandhavalli
                                   For Respondent       : Mr.B.Brijesh Kishore


                                                        ORDER

This civil revision petition has been filed as against

the fair and decreetal order dated 07.08.2015 passed by the

Principal District Munsif, Kuzhithurai in E.P.No.21 of 2015

in O.S.No.501 of 2000.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2130 of 2015

2.Vide the impugned order, the EP Court has ordered for

delivery of possession in favour of the respondent/

plaintiff. Aggrieved over the same, the present civil

revision petition has been filed on the ground that there

is no separate upstair portion in Door No.4/44.

3.The learned Counsel for the respondent submits that

all the grounds raised by the petitioner have already been

decided in the suit in O.S.No.501 of 2000 itself and the

same went upto second appeal in S.A(MD)Nos.679 and 988 of

2006 and they were also dismissed by judgment dated

04.04.2014. Therefore, at this stage, there is no need to

entertain this civil revision petition.

4.Heard the learned Counsel on either side and perused

the materials placed on record.

5.It is seen from records that this Court while

dismissing the second appeals in S.A(MD)Nos.679 and 988 of

2006, has observed that the defendant has to be vacated

from the premises. Therefore this Court is not inclined to

interfere with this civil revision petition at this stage,

when the delivery has been ordered by the EP Court.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2130 of 2015

6.Considering that the issue has been protracted for

more than 20 years, the respondent is at liberty to file

necessary application before the EP Court to take

possession of the property and on filing of such

application, the EP Court, shall dispose it of and ensure

that the delivery is effected within a period of two weeks

from the date of such application. No costs.

21.06.2022

dsk

To

Principal District Munsif, Kuzhithurai

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2130 of 2015

B.PUGALENDHI, J.

dsk

C.R.P(MD)No.2130 of 2015

21.06.2022

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