Ravi vs Chandra ...Plaintiff/1St
2022 Latest Caselaw 4409 Mad

                                                               1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 07.03.2022

                                                             Coram

                                     The Hon'ble Mr. Justice C.V.KARTHIKEYAN

                                              C.R.P.NPD.No.2162 of 2017
                                                        and
                                                CMP.No.10346 of 2017


                     Ravi
                                               ... Third Party / Petitioner / Obstructor / Petitioner
                                                           Vs.

                     1.Chandra        ...Plaintiff/1st Respondent/Decree Holder/1st Respondent
                     2.Kasthur
                               ...Defendant/Judgment Debtor/2nd Respondents/2nd Respondent


                     Civil Revision Petition filed under Article 227 of the Constitution of
                     India, to set aside the order and decretal order dated 25.11.2016 in
                     I.A.Nos.977 & 978 of 2016 in O.S.No.140 of 2009 on 20.04.2016 made
                     in E.A No.108 of 2015 in E.A.No.83 of 2011 in E.A.No.82 of 2010 in
                     O.S.No.133 of 2009 on the file of the District Munsif Court,
                     Jayankondam.


                                     For Petitioner     ..         Mr.S.Mahimairaj

                                     For Respondents    ..         Mr.M.Senthil Vadivu




https://www.mhc.tn.gov.in/judis
                                                                2


                                                            ORDER

The present Civil Revision Petition has filed against E.A.No.108

of 2015 in E.A.No.83 of 2011 in E.P.No.82 of 2010 in O.S.No.133 of

2009 which suit and execution petitions are pending before the District

Munsif Court, Jayankondam.

2.I could very well visualize the frustration of the 1st respondent /

plaintiff who had obtained the decree for specific performance, but had

not attained the fruits of the decree. The present revision petitioner / third

party / obstructor had filed three applications and all the three

applications are dismissed, no appeal or revision was filed. Thereafter,

another application had been filed to restore. That had again been

dismissed. Questioning that particular order, the present Civil Revision

Petition has been filed.

3.Learned counsel for the revision petitioner stated that the suit

had been decreed.

4.It is a fact that the suit had been decreed. It follows that the

plaintiff should enjoy the fruits of the decree. Hence, ,the Civil Revision

Petition stands dismissed. No order as to costs. Consequently, connected

Civil Miscellaneous Petition is closed.

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

5.The 1st respondent is directed to proceed further with E.P.No.82

of 2010 and the District Munsif, Jayankondam, is directed to dispose of

the execution petition in accordance with law, on or before 13.04.2022.

07.03.2022

Internet:Yes/No Index:Yes/No smv

To

The District Munsif Court, Jayankondam.

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

C.V.KARTHIKEYAN,J.

smv

C.R.P.NPD.No.2162 of 2017

07.03.2022

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