Madras High Court
D.Rajamanickam vs M.Manickavasagam on 19 October, 2022
CRP(MD)No.2036 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 19.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.2036 of 2022
and
CMP(MD)No.9301 of 2022
1.D.Rajamanickam
2.D.Jeyaraj
3.D.Selvaraj
4.C.Jegatheeswaran
5.C.Ramiladevi
6.C.Usha Devi ... Petitioners
Vs
Sri.Muthiah Swamy Trustee,
represented by its Trustees
Radha (died)
Muthukrishnan (died)
1.M.Manickavasagam
2.M.Vasiki Ramanathan
3.M.Tamilarasi Swaminathan
4.M.Mahalingam ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
CRP(MD)No.2036 of 2022
PRAYER: Civil Revision Petition is filed under Section 115
of Civil Procedure Code, to call for the records in
E.A.No.48 of 2022 in EP.No.13 of 2021 in OS.No.128 of 1997
on the file of the Principal District Munsif, Thirumangalam
dated 08.09.2022
For Petitioner : Mr.J.Gunaseelanmuthiah
For Respondent : Mr.E.T.Rajendran
ORDER
This civil revision petition is filed as against the
fair and decreetal order dated 08.09.2022 passed in
E.A.No.48 of 2022 in EP.No.13 of 2021 in OS.No.128 of 1997
by the learned Principal District Munsif, Thirumangalam.
2.The petitioners are the judgment debtors and they
have filed the above E.A.No.48 of 2022 in E.P.No.13 of 2021
to stay the execution proceedings, pending disposal of the
suit by these judgment debtors in OS.No.150 of 2021 before
the Sub Court, Sivakasi. The executing Court dismissed the
application. Aggrieved over the same, the present civil
revision petition is filed.
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CRP(MD)No.2036 of 2022
3.The learned Counsel for the petitioner submits that
the dispute is arising out of the exchange deed dated
24.08.1981. The said exchange deed has been challenged in
OS.No.128 of 1997 and it was declared as null and void.
By way of exchange deed dated 24.08.1981, the petitioner /
defendants have exchanged their property, which is situated
at Sivakasi for the property of the trust, which is
situated at Thirumangalam.
4.Since the exchange deed dated 24.08.1981 has been
declared as null and void, his property at Sivakasi, which
was exchanged through the exchange deed dated 24.08.1981
has to be restored to him. However, there is no order to
that effect. Therefore, he has been confined to file a suit
before the Sub Court, Sivakasi in OS.No.124 of 2021.
Since the said suit is pending, the execution proceedings
in EP.No.13 of 2021 in OS.No.128 of 1997 has to be stayed.
5.The learned Counsel for the respondent submits that
as against the judgment and decree passed in
OS.No.128 of 1997 the petitioners have filed an appeal in
AS.No.23 of 2014, which was dismissed by the Sub Court,
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CRP(MD)No.2036 of 2022
Thirumangalam by judgment and decree dated 13.10.2014.
The second appeal filed in S.A.No.35 of 2015 was also
dismissed by this Court by judgment dated 01.04.2021.
The suit in OS.No.124 of 2021 before the Sub Court,
Sivakasi is filed only to drag on and to avoid the
execution proceedings in E.P.No.13 of 2021.
6.This Court considered the rival submissions and
perused the materials placed on record.
7.The suit in OS.No.128 of 1997 was filed in the year
1997 and decree was passed in the year 2006. The appeal
filed in AS.No.23 of 2014, was dismissed by the Sub Court,
Thirumangalam by judgment and decree dated 13.10.2014 and
the second appeal filed in SA.No.35 of 2015 was also
dismissed by this Court by judgment dated 01.04.2021.
Therefore, execution petition was filed in the year 2021
and it is pending. The petitioners by referring the
subsequent suit filed by them in OS.No.124 of 2021 before
the Sub Court, Sivakasi seeks to stay the execution
proceedings in EP.No.13 of 2021. This Court is of the view
that the petitioners by referring the subsequent suit filed
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CRP(MD)No.2036 of 2022
by them cannot seek to stay the execution of the decree
passed in the year 2014 and there is no reason to interfere
with the orders passed in EA.No.48 of 2022 in
EP.No.13 of 2021 in O.S.No.128 of 1997. Accordingly, this
civil revision petition is dismissed. No costs.
Consequently connected miscellaneous petition is also
dismissed.
19.10.2022
dsk
To
The Principal District Munsif,
Thirumangalam.
https://www.mhc.tn.gov.in/judis
CRP(MD)No.2036 of 2022
B.PUGALENDHI, J.
dsk
CRP(MD)No.2036 of 2022
19.10.2022
https://www.mhc.tn.gov.in/judis
