Madras High Court
Pazhaniyammal vs Saroja on 5 January, 2023
2023/MHC/107
C.R.P.No.2818 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.2818 of 2022
and
C.M.P.No.15231 of 2022
1.Pazhaniyammal
2.Selvi ... Petitioners
Vs.
Saroja ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to allow this Civil Revision Petition and thereby set
aside the ex-parte order of the Court below dated 22.12.2020 passed in
E.P.No.98 of 2019 in O.S.No.301 of 2019 by the District Munsif cum
Judicial Magistrate, Sendurai.
For Petitioners : Mr.K.Gandhi Kumar
For Respondent : Mr.S.Kamadevan
Page 1 of 5
https://www.mhc.tn.gov.in/judis
C.R.P.No.2818 of 2022
ORDER
The Civil Revision Petition has been filed against the ex-parte order
dated 22.12.2020 passed in E.P.No.98 of 2019 in O.S.No.301 of 2019 by the
District Munsif cum Judicial Magistrate, Sendurai.
2. The revision petitioner is the judgment debtor / tenant. The
respondent/plaintiff instituted a suit for recovery of possession in
O.S.No.301 of 2019 and the Suit was decreed in favour of the respondent/
plaintiff. An ex-parte decree was passed, since the revision petitioners had
not contested the Suit, despite service of notice. Thereafter, the respondent/
decree holder filed Execution Proceedings in E.P.No.98 of 2019 and the
Execution Court also granted sufficient time to the revision petitioners to
contest the matter. Even thereafter, the revision petitioners had not availed
the opportunity and contested the matter and consequently, the Execution
Court passed an order on 22.12.2020, ordering delivery by 02.02.2021. The
said order is under challenge in the present revision petition.
3. The learned counsel for the revision petitioners state that
opportunity was not afforded to the revision petitioners and the principles of
natural justice has been violated. The suit was decreed ex-parte and even in
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C.R.P.No.2818 of 2022
the Execution Proceedings, delivery was ordered ex-parte and thus, the
revision petition is to be considered.
4. The learned counsel for the respondent/plaintiff objected the said
contention by stating that sufficient opportunity was granted by the Trial
Court to contest the Suit in O.S.No.301 of 2019. The revision petitioners
remained absent and thus, an ex-parte decree was passed. Even after filing
of the Execution Petition, the revision petitioners/ judgement debtor has not
appeared and contested the matter, nor taken effective steps to set aside the
ex-parte decree passed in the Suit filed in O.S.No.301 of 2019.
5. The fact remains that the ex-parte decree in the Suit became final
and the Execution Court passed an order to deliver the possession of the
Suit Schedule Property to the respondent / decree holder by 02.02.2021.
6. Admittedly, the revision petitioners are the tenants in possession of
the subject premises for about seven (7) years. The respondent/ landlord
filed a Suit for delivery of possession, which was decreed. Therefore,
keeping these matters pending for a prolonged period would cause prejudice
to the interest of the parties.
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C.R.P.No.2818 of 2022
7. Considering the facts and circumstances and taking note of the fact
that the revision petitioners are tenants and ordered to be evicted by the
Execution Court, this Court is not inclined to interfere with the orders
passed by the Execution Court in E.P.No.98 of 2019. The Execution Court
shall execute the said order by handing over delivery of possession to the
respondent/ decree holder within a period of one (1) month from the date of
receipt of copy of this order.
8. Accordingly, the Civil Revision Petition stands dismissed.
No costs. Consequently, the connected miscellaneous petition is closed.
05.01.2023
skr/kak
Index : Yes
Speaking order
Neutral Citation : Yes
To
The Judge,
District Munsif cum Judicial Magistrate,
Sendurai.
https://www.mhc.tn.gov.in/judis
C.R.P.No.2818 of 2022
S.M.SUBRAMANIAM, J.
skr/kak
C.R.P.No.2818 of 2022
05.01.2023
https://www.mhc.tn.gov.in/judis
