Thimmakkal vs Lakshmaiya Chetty
2023 Latest Caselaw 1082 Mad

                                                                                      C.R.P.No.3742 of 2001


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 27.01.2023

                                                         CORAM

                                  THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                   C.R.P.No.3742 of 2001

                Thimmakkal                                               ..   Petitioner
                                                            Vs.
                Lakshmaiya Chetty                                        ..   Respondent

                Prayer:- Civil Revision Petition filed under Section 115 CPC as against the
                Judgment and order dated 29.06.2001 in C.M.A.No.29 of 2000 on the file of
                the Principal District Judge, Dharmapuri in confirming the order and decreetal
                order dated 21.04.1995 in I.A.No.179 of 1994 against I.A.625 of 1991 in
                O.S.516 of 1989.
                                  For Petitioner      : M/s V.Srimathi
                                  For Respondent      : No appearance

                                                       ORDER

This Civil Revision Petition has been filed as against the Judgment and

order dated 29.06.2001 in C.M.A.No.29 of 2000 on the file of the Principal

District Judge, Dharmapuri in confirming the order and decreetal order dated

21.04.1993 in I.A.No.179 of 1994 against I.A.625 of 1991 in O.S.516 of 1989,

thereby dismissed the Civil Miscellaneous Appeal.

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C.R.P.No.3742 of 2001

2. The respondent filed a suit for specific performance in O.S.No.516 of

1989, on the strength of the agreement for sale dated 19.11.1979. However, the

petitioner herein failed to execute the sale deed on receipt of the balance sale

consideration, though the respondent was always ready and willing to perform

his part of contract. Therefore, the respondent filed a suit and the same was

decreed by the Judgment and Decree dated 12.01.1990. The petitioner filed an

application to set aside the exparte decree in I.A.No.625 of 1991. Since the

respondent was absent, the said petition was allowed and the exparte decree

was set aside. However, the respondent filed an execution petition in E.P.No.98

of 1990, in order to execute the exparte decree. In the execution petition, the

sale deed was executed by the Court in favour of the respondent and possession

was also handed over on 01.10.1992.

3. Therefore, the respondent filed a petition to review the order passed in

I.A.No.625 of 1991. The Trial Court by an order dated 21.04.1993, recalled the

order passed in I.A.No.625 of 1991 and dismissed the application in I.A.No.625

of 1991. Aggrieved by the same, the petitioner herein filed Civil Miscellaneous

Appeal before the first appellate Court. The order passed in I.A.No.625 of 1991

is an appealable order. However, those facts were not brought to the notice of

the Court and as such in the execution petition, the execution Court executed https://www.mhc.tn.gov.in/judis

C.R.P.No.3742 of 2001

the sale deed in favour of the respondent in respect of the suit schedule

property.

4. Therefore, the first appellate Court had rightly dismissed the appeal

and this Court finds no infirmity or illegality in the order passed by the Court

below and this revision is liable to be dismissed.

5. Accordingly, this Civil Revision Petition is dismissed. No costs.

                                                                                           27.01.2023

                Speaking/Non-speaking order
                Index     : Yes/No
                Internet : Yes/No
                mn




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

                                                                         C.R.P.No.3742 of 2001


                                                               G.K.ILANTHIRAIYAN,J.

                                                                                         mn




                To

1. The Principal District Judge, Dharmapuri.

2. The District Munsif Judge, Krishnagiri.

C.R.P.No.3742 of 2001

27.01.2023

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