Madras High Court
Kaliyaperumal vs Ramalingam on 9 August, 2023
C.R.P.(NPD)No.1689 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P(NPD)No.1689 of 2019
and CMP.Nos.10907 & 13704 of 2019
1.Kaliyaperumal
2.Premnath ... Petitioners
vs
Ramalingam .. Respondent
Petition filed under Section 115 of the Code of Civil Procedure
challenging the fair and final order passed by District Munsif Court,
Mannargudi, dated 10.01.2019 made in E.P.No.12 of 2016 in O.S.No.150
of 2013.
For Petitioners : Mr.C.Santhosh Kumar
For Respondent : Ms.R.Chithra Devi
ORDER
In an allegation that the civil revision petitioners were acting
contrary to the decree passed in O.S.No.150 of 2013 on the file of the
District Munsif Court, Mannargudi, E.P.No.12 of 2016 was presented.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1689 of 2019
2.This Court on 10.01.2023 had directed the party to file an
affidavit undertaking that he will not obstruct the access of the decree
holder to the pathway. Despite the specific direction dated 10.01.2023,
the petitioner did not file an affidavit. Consequently, this Court directed
appearance of the party on 15.06.2023 by an order dated 13.06.2023. He
did not appear and therefore, the matter was adjourned to 19.06.2023.
3.When the matter was listed before me on 04.07.2023, I had
noticed that the party had not appeared on any of the aforesaid dates nor
had he filed an affidavit of undertaking as stated by this Court in its order
dated 10.01.2023. Consequently, I issued a bailable warrant on
02.08.2023. Mr.Premnath is present in Court today pursuant to the
warrant that has been issued. As per the order of this Court dated
10.01.2023, he has filed an affidavit of undertaking. The relevant
paragraphs are as follows:
'4.It is submitted that the present revision petition
came up for hearing on 10.01.2023 before this Hon'ble
Court and this Hon'ble Court after hearing both the side
counsel, passed an order directing the parties to be
present in the suit property on 24.01.2023 to make free the
suit property free from any obstructions along with the
assistance of Police and further directed the Petitioners
herein to file an undertaking affidavit undertaking before
this Hon'ble Court not to obstruct the Respondent from
having access to his land and not to enter upon the land
belonging to the Respondent in future.
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C.R.P.(NPD)No.1689 of 2019
5.Accordingly, I am herewith undertaking for myself
and for the 1st Petitioner that we will not disturb or
obstruct the pathway leading to the Respondent's property
any further in future. It is submitted that the Petitioners
will not in any way obstruct the Respondent We are the 1st
and 2nd Petitioners in the above Civil Revision Petition
and as such we are well acquainted of the facts and
circumstances of the case.
6.It is submitted that we are undertaking to act as
per the above terms and we will not do any sort of
disturbance to the Respondent herein and we will oblige to
this Hon'ble Court's order.'
4.This complies with the order dated 10.01.2023. The judgment
debtor having agreed to comply with the decree, I am not inclined to
grant an order of arrest. On the contrary, he has seen what would be the
result of his violations of the order and realising that, he has filed an
affidavit of undertaking.
5.The affidavit of undertaking is taken on record. It shall form a
part of the order in the revision. In the light of the above, the civil
revision petition stands disposed of. The civil revision petitioner having
appeared in person. His presence is dispensed with. No costs.
Consequently, connected miscellaneous petitions are closed.
09.08.2023
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
vs
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1689 of 2019
V. LAKSHMINARAYANAN,J.
vs
To
The District Munsif Court,
Mannargudi.
C.R.P(NPD)No.1689 of 2019
and CMP.Nos.10907 & 13704 of 2019
09.08.2023
https://www.mhc.tn.gov.in/judis
