Issac Prabhu vs T.Rajkumar
2023 Latest Caselaw 9143 Mad

                                                                               CRP No.2033 of 2021
                                                                  and CMP.Nos.15441 & 15432 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 27.07.2023

                                                     CORAM

                            THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN

                                              CRP No.2033 of 2021
                                                      and
                                          CMP.Nos.15441 & 15432 of 2021

                    1. Issac Prabhu
                    2. Issac Babu
                    3. Issac Raja
                    4. Arul Rani
                    5. Ashokraj
                    6. Amirthraj
                    7. Aruljothi
                    8. Arulselvi
                    9. Anandaraj
                    10.Anburaj
                    11.Aruldevi
                                                                                    ... Petitioners
                                                        -Vs-
                    T.Rajkumar
                                                                                   ... Respondent

                    PRAYER : Civil Revision Petition filed under Art. 227 of Constitution of
                    India, praying to set aside the fair and decreetal order passed in EA.No.4 of
                    2020 in EA.No.319 of 2005 in EP.No.705 of 2004 on the file of the First
                    Additional District Munsif (FAC) III Additional District Munsif at
                    Coimbatore dated 23rd December 2020.


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https://www.mhc.tn.gov.in/judis
                                                                                    CRP No.2033 of 2021
                                                                       and CMP.Nos.15441 & 15432 of 2021




                                    For Petitioners    :      Mr.C.Deivasigamani

                                    For Respondent     :      Mr.R.Bharath Kumar
                                                            *****
                                                           ORDER

This Civil Revision Petition arises against the dismissal of a petition

filed in EA.No.4 of 2020 in EA.No.319 of 2005 in EP.No.705 of 2004 in

RCOP.No.152 of 1999.

2. EA.No.319 of 2005 had been filed by few third parties under Order

21 Rule 97 of The Code of Civil Procedure. The said application is still

pending. In the meantime, EA.No.4 of 2020 has been filed for the following

relief:-

“the Petitioners herein pray that this Hon'ble Court may be pleased to demolish the structures and deliver vacant possession of the property pending disposal of the above execution petition and thus render justice.”

3. I heard Mr.C.Deivasigamani and Mr.R.Bharath Kumar for the

respective parties.

https://www.mhc.tn.gov.in/judis CRP No.2033 of 2021 and CMP.Nos.15441 & 15432 of 2021

4. My pointed question to Mr.C.Deivasigamani was as to how this

application is maintainable when the decree in the RCOP proceedings remain

intact. He would state that when a fraud is played on a Court, the decree can

be set aside, even the collateral proceedings. The position of law laid down

in S.P.Chengalvaraya Naidu Vs. Jagannath and others reported in (1994) 1

SCC 1 is too well settled and need not be reiterated here. The question is,

whether the said judgment is applicable in the facts and circumstances of the

present case.

5. A decree holder is entitled to enjoy the fruits of the decree till the

decree itself is set aside. As on today, the application under Order 21 Rule

97 is pending. If the application filed under Order 21 Rule 97 is allowed,

only then the question of redelivery arises. If the decree is not set aside or if

the obstructor petition is not allowed, the Court cannot grant “interim re-

delivery”. Such a provision is unknown to civil law. The basis on which

Mr.C.Deivasigamani's client make this claim is unpalatable to me.

https://www.mhc.tn.gov.in/judis CRP No.2033 of 2021 and CMP.Nos.15441 & 15432 of 2021

6. I see no merits in the Revision. The order passed by the learned

Trial Judge in EA.No.4 of 2020 in EA.No.319 of 2005 in EP.No.705 of 2004

in RCOP.No.152 of 1999 is confirmed. This Civil Revision Petition is

dismissed. There shall be no order as to costs. Consequently, connected

CMPs are also closed.

27.07.2023 kmi To

1. The First Additional District Munsif (FAC), III Additional District Munsif at Coimbatore.

https://www.mhc.tn.gov.in/judis CRP No.2033 of 2021 and CMP.Nos.15441 & 15432 of 2021

V.LAKSHMINARAYANAN, J.

kmi

CRP No.2033 of 2021 and CMP.Nos.15441 & 15432 of 2021

27.07.2023

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