Mrs.P.Pavunambal vs Rajamanickam
2023 Latest Caselaw 1180 Mad

                                                                                C.R.P.Sr.No.13410 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 31.01.2023

                                                         CORAM

                          THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                C.R.P.Sr.No.13410 of 2023
                                                          and
                                                 C.M.P.No.1878 of 2023

                    Paramasivam (deceased)

                 1.Mrs.P.Pavunambal

                 2.Mrs.Lakshmi

                 3.Mrs.Thangamani

                 4.P.Tamilvanan

                 5.P.Dharmaraj                                                       ... Petitioners

                                                          Vs.
                 Rajamanickam                                                        ... Respondent


                 Prayer: Civil Revision Petition is filed under Section 115 of the Civil Procedure
                 Code, to set aside the order of Delivery of the property, Order passed by the
                 learned Subordinate Judge, Perambalur in E.P.No.46 of 2014 in O.S.No.95 of
                 2004.

                                  For Petitioners          : Mr.B.S.Sundaramoorthy



                 Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                  C.R.P.Sr.No.13410 of 2023


                                                    ORDER

The Civil Revision Petition is filed against the order of Delivery of

Possession passed by the Subordinate Court, Perambalur in E.P.No.46 of 2014 in

O.S.No.95 of 2004 dated 20.01.2023.

2. The revision petitioner is the judgment debtor and the respondent is the

decree holder. The Suit was instituted for Specific Performance in O.S.No.95 of

2004 and admittedly, the Suit decreed in favour of the respondent / plaintiff on

17.09.2007.

3. The revision petitioner / deceased defendant, Mr.A.Paramasivam filed an

Appeal Suit, which was dismissed by the First Appellate Court on 28.08.2009.

Thereafter, he filed a Second Appeal in S.A.No.549 of 2010 and the said appeal

was filed with the Miscellaneous Petition to condone the delay and as of now, an

impleading petition was also filed and is pending.

4. The decree holder / plaintiff filed an Execution Petition in E.P.No.46 of

2014, which is pending for the past about eight (8) years. As per the Judgment of

the Supreme Court and the High Court, the execution proceedings are to be

disposed within a period of six (6) months and the decree holder must be allowed

https://www.mhc.tn.gov.in/judis C.R.P.Sr.No.13410 of 2023

to enjoy the fruits of the decree and at no circumstances, the judgment debtor or

any other person shall be allowed to drag on the execution proceedings one way or

other to defeat the decree. Such a practice or an attempt by any party, at no

circumstances be appreciated, but to be thwarted by the Court concerned and at all

circumstances, the endeavour of the Court is to ensure that the execution

proceedings are disposed of within a period of six (6) months. In the present case,

unfortunately, the execution proceedings are pending for the past about eight (8)

years.

5. The Execution Court passed order on 20.01.2023, which is impugned in

the present Civil Revision Petition. Considering the facts in totality, the admitted

facts of the case is that the Suit was instituted in O.S.No.95 of 2004, seeking the

relief of Specific Performance and the Suit was decreed on 17.09.2007. The

revision petitioner / judgment debtor filed A.S.No.49 of 2008 on the file of the

Principal District Court, Perambalur, which was dismissed on 28.09.2009.

Thereafter, the judgment debtor / defendants filed a Second Appeal in S.A.No.549

of 2010 and admittedly, there is no interim stay granted by the High Court and the

Second Appeal in S.A.No.549 of 2010 is pending.

https://www.mhc.tn.gov.in/judis C.R.P.Sr.No.13410 of 2023

6. The defendant died on 26.10.2018 and his legal heirs were brought on

record as the respondents 2 - 6 in the Execution Petition. Pertinently, the

Execution Court has executed the sale deed as per the decree dated 17.09.2007 in

favour of the decree holder. When the Execution Court executed the sale deed,

there is no scope for further interference by this Court in the present civil revision

proceedings.

7. After execution of the sale deed as per the decree dated 17.09.2007 in

favour of the decree holder, the Court further passed an order of delivery of

possession in favour of the decree holder by 20.01.2023. The present Civil

Revision Petition is filed against the order of delivery passed by the Trial Court

pursuant to the sale deed as per the decree dated 17.09.2007.

8. When the sale deed was executed pursuant to the decree, delivery of

possession is only consequential and the proposal now made on behalf of the

revision petitioners by the learned counsel for the revision petitioners that they will

settle the issues would deserve no merit consideration and as of now, the sale deed

was executed pursuant to the decree and delivery of possession is also ordered.

https://www.mhc.tn.gov.in/judis C.R.P.Sr.No.13410 of 2023

This being the facts and circumstances, there is no acceptable reason for the

purpose of considering the Civil Revision Petition.

9. Accordingly, the order passed in E.P.No.46 of 2014 in O.S.No.95 of

2004 dated 20.01.2023 stands confirmed and the Civil Revision Petition in

C.R.P.Sr.No.13410 of 2023 stands rejected. Consequently, the connected

Miscellaneous Petition in C.M.P.No.1878 of 2023 stands dismissed.

31.01.2023 skr

Index : Yes Speaking order Neutral Citation: Yes

To

The Subordinate Judge, Subordinate Court, Perambalur.

Copy to

Sub Assistant Registrar, AE Section, Madras High Court, Chennai – 600 104.

https://www.mhc.tn.gov.in/judis C.R.P.Sr.No.13410 of 2023

S.M.SUBRAMANIAM, J.

skr

C.R.P.Sr.No.13410 of 2023

31.01.2023

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