Madras High Court
K.Renuka vs K.Anuradha on 18 October, 2022
C.R.P.No.3325 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.3325 of 2022
and
C.M.P.No.17634 of 2022
K.Renuka ... Petitioner
vs
1.K.Anuradha
2.K.Gopalakrishnan
3.K.Srinivasan ... Respondents
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, praying to call for the records of the Lower Court and set aside the fair
and decreetal order dated 01.09.2022 passed in E.P.No.2513 of 2019 in
O.S.No.1271 of 2013 by the IX Assistant Judge, City Civil Court at Chennai
and allow this Civil Revision Petition.
For Petitioner : Mr.J.Kannan
ORDER
The Civil Revision Petition is filed challenging the order passed by the
Court below dated 01.09.2022 in E.P.No.2513 of 2019 directing the petitioner
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C.R.P.No.3325 of 2022
herein to vacate and handover vacant possession of the portion of the suit
property in her possession.
2. The respondents herein obtained a final decree for partition in
O.S.No.1271 of 2013 and the same has been confirmed by the judgment of this
Court in A.S.No.560 of 2019, dated 27.02.2020. As per the terms of final
decree, the existing dilapidated superstructure stands in the suit property has to
be demolished and the vacant site of the suit property has to be divided into
four portion viz., A, B, C and D. The 1st respondent/plaintiff was allotted with
portion 'A' as per the Advocate Commissioner's report.
3. As far as the share of the petitioner herein and other judgment debtors
are concerned, the final decree directs they should be allotted with portions B
to D. The 1st respondent herein filed an execution petition seeking delivery of
the vacant possession of the schedule mentioned property from judgment
debtors.
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C.R.P.No.3325 of 2022
4. The Court below in the impugned order recorded that other judgment
debtors are not in the possession of the suit property and the petitioner alone is
occupying a portion of the suit property and consequently, directed the
petitioner to handover the vacant possession.
5. In the counter to the execution petition, the petitioner herein raised an
apprehension that the 1st respondent/decree holder is in possession of the
portion of the first floor in the existing building and after getting delivery from
petitioner, she may refuse to vacate and consequently, the execution of final
decree by demolishing the existing structure and allotment of vacant portion of
the land as per the Advocate Commissioner's report would get stalled.
6. The apprehension expressed by the revision petitioner is not well
founded. After taking delivery of possession of the portion of the property with
the petitioner, the Court below should proceed further and pass appropriate
orders for demolition of existing structure and allotment of portion 'A' to the 1st
respondent/plaintiff. It is always open to the revision petitioner to file
appropriate application before the Executing Court for allotment of one portion
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C.R.P.No.3325 of 2022
out of portions B to D as suggested by Advocate Commissioner. If any such
application is filed by the revision petitioner, the same shall be disposed within
a period of four months from the date of receipt of copy of this order.
7. At this movement, the learned counsel for the petitioner submitted that
he had already filed a petition for demolition of entire existing superstructure. If
any such application is filed by the petitioner, the executing Court is directed to
dispose of the same in accordance with law, as expeditiously as possible,
within the time frame mentioned above.
8. With the above direction, the Civil Revision Petition is disposed of.
No costs. Consequently, the connected civil miscellaneous petition is closed.
18.10.2022
Index : Yes / No
Speaking Order : Yes / No
dm
To
The IX Assistant Judge,
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C.R.P.No.3325 of 2022
City Civil Court at Chennai.
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C.R.P.No.3325 of 2022
S.SOUNTHAR , J.
dm
C.R.P.No.3325 of 2022
18.10.2022
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