Madras High Court
T.Sumathi vs Thiruvannamalai Gandhi Nagar ... on 3 March, 2022
C.R.P(NPD)No.427 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
DATED: 03.03.2022
THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
C.R.P.(NPD).No.427 of 2022
and CMP No.2191 of 2022
S.Thirunavukarasu (Deceased)
1.T.Sumathi
2.T.Monika
3.T.Shanmugaraj ... Petitioners
Vs.
1.Thiruvannamalai Gandhi Nagar Co-Operative House,
Building Society Limited,
Rep by its Secretary,
D.Chandrasekaran
Gandhi Nagar, Thiruvannamalai Town.
2.Bakkiyam Ammal ....Respondents
PRAYER: Civil Revision Petition filed under Section 115 of Civil
Procedure Code r/w under Article 227 of the Constitution of India, to set
aside the Adjudication Order/Docket Order passed in E.P.No.1 of 2012 in
O.S.No.200 of 2002 dated 23.12.2021 by the Hon'ble Principal Sub Judge at
Thiruvannamalai.
For Petitioners : Mr.M.Prabakar
For R1 : Mr.M.R.Gokula Krishnan
Additional Government Pleader
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C.R.P(NPD)No.427 of 2022
ORDER
The Revision Petitioner herein has challenged the Adjudication/Docket
Order passed in E.P.No.1 of 2012 in O.S.No.200 of 2002, dated 23.12.2021,
by the Principal Sub Judge, Thiruvannamalai.
2. The grand children of the decree holder has come forward with the
revision resisting delivery of property. The first respondent herein had filed
a civil suit in O.S.No.200 of 2002 and obtained a decree in its favour.
Pursuant to the above said decree, the grand father and the grand mother
(i.e. the second respondent herein) of the revision petitioners had filed an
appeal in A.S.No.5 of 2009 and obtained a decree in their favour.
Aggrieved by the same, the first respondent herein had preferred an appeal
before this Court in S.A.No.1420 of 2010 and it was allowed by this Court
vide judgment dated 23.03.2011. This Court, in effect, confirmed the
judgment and decree passed by the trial Court in O.S.No.200 of 2002, and
set aside the judgment and decree passed by the appellate Court.
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C.R.P(NPD)No.427 of 2022
2.2. In the mean time, the grand father of the revision petitioner died
and the father of the revision petitioner stepped in. Be that as it may, the
first respondent had filed E.P.No.1 of 2012 in O.S.No.200 of 2002 before
the Principal Sub Court, Tiruvannamalai, for obtaining delivery of property.
The revision petitioner's father had filed E.A.No.11 of 2014 in E.P.No.1 of
2012 in O.S.No.200 of 2002. After his death, the revision petitioners
stepped in. The only grievance of the revision petitioners is that they were
not heard.
3. Mr.M.Prabakar, learned counsel for the petitioners submitted that there is
a violation of principle of natural justice since the revision petitioners were
not heard. He further added that, a party who might be aggrieved by any
order that may be passed by a Court without hearing the parties is a
violation of principal of natural justice and it is a right of the parties to be
pre-heard before the order is passed.
4. The factual scenario of the case is that the judgment debtor can offer only
very little resistance to the E.P. It is not demonstrated before this Court
what right of the revision petitioners is under peril which the execution
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C.R.P(NPD)No.427 of 2022
court has ignored in executing the decree. In the given circumstances, the
alleged denial of right of hearing is essentially cosmetic in character, and
this court is plainly not interested with the same.
5. This court does not find any merits in this petition and the Civil Revision
Petition is dismissed accordingly. No costs. Consequently connected
miscellaneous petition is closed.
03.03.2022
msv/psa
To
1. The Principal Sub Judge, Thiruvannamalai.
2. The Secretary,
Thiruvannamalai Gandhi
Nagar Co-Operative House,
Building Society Limited,
Gandhi Nagar, Thiruvannamalai Town.
3.The Public Prosecutor
High Court, Madras.
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C.R.P(NPD)No.427 of 2022
N.SESHASAYEE,J.,
msv/psa
C.R.P.(NPD).No.427 of 2022
and CMP No.2191 of 2022
03.03.2022
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