Madras High Court
D. Sakthivel vs Smt. Padmavathy on 1 August, 2023
C.R.P. No. 2596 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. No. 2596 of 2023
D. Sakthivel ...Petitioner
.Vs.
R. Chinnammal ( died)
1. Smt. Padmavathy
2. Smt. Nagarathinam
3. D. Shanmugam
4.D.Natarajan
5.D.Subramaniam ...Respondents
Prayer: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to dispose the execution petition filed in
E.P.No.123 of 2016 in O.S.No.2194 of 2005 on the file of III Additional
Munsif Coimbatore and pass orders.
For Petitioner : Mr. V. Venkatasamy
1/5
https://www.mhc.tn.gov.in/judis
C.R.P. No. 2596 of 2023
ORDER
This petition is filed seeking a direction to dispose the execution
petition filed in E.P.No.123 of 2016 in O.S.No.2194 of 2005 on the file of
III Additional Munsif Coimbatore and pass orders.
2. The facts of the case, are that there was a property dispute
between the petitioner herein and the respondents. The first respondent
herein has filed a second Appeal in S.A.1084 of 2015 before this Court
against the decree passed by the Principal Sub Ordinate Court, Coimbatore
in A.S.No.1 of 2013 dated 13.10.2015 arising out of the Judgment and
decree passed by the III Additional District Munsif Court, Coimbatore in
O.S.No.2194 of 2005 dated 11.07.2012. The S.A.1084 of 2015 was
dismissed vide order dated 09.11.2020. Thereafter, the petitioner has filed
E.P.No.123 of 2016 in O.S.No.2194 of 2005. Subsequently, the son of the
first respondent has filed an application under Order 21 Rule 97 and 99 of
CPC, to set aside the order passed in O.S.No.2194 of 2005 dated 11.07.2012
and S.A.1084 of 2015 dated 09.11.2020, due to which, E.P.No.123 of 2016
in O.S.No.2194 of 2005 is pending. Hence, this petition.
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C.R.P. No. 2596 of 2023
3. The learned counsel for the petitioner submitted that the
grievance of the petitioner is that the learned Judge ought not entertained
the application filed by the third party. He further submitted that an
undertaking was filed by the first respondent/Judgment debtor in
S.A.No.1084 of 2015 dated 09.11.2020 to vacate and handover the vacant
possession of the suit property to the decree holders on or before 30.04.2021
and the said under taking was not complied with, which has given rise to
this petition.
4. On a perusal of records it is made clear that the decree was
passed in favour of the petitioner and the first respondent had also given an
under taking that he will vacate and handover the vacant possession of the
suit property and the same has not been complied by the first respondent,
which calls for interference by this Court.
5. In view of the above, the learned III Additional Munsif
Coimbatore is directed to dispose the execution petition filed in E.P.No.123
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C.R.P. No. 2596 of 2023
of 2016 in O.S.No.2194 of 2005 within a period of three months from the
date of receipt of a copy of this order.
5. With the above directions, this Civil Revision Petition is
disposed of. No order as to costs.
01.08.2023
smn
Index : Yes/No
Internet: Yes/No
To.
1. The III Additional Munsif Coimbatore
https://www.mhc.tn.gov.in/judis
C.R.P. No. 2596 of 2023
V.BHAVANI SUBBAROYAN,J.
Smn
C.R.P. No. 2596 of 2023
01.08.2023
https://www.mhc.tn.gov.in/judis
