Madras High Court
K.Radalakshmi vs M/S.Preeti Enterprises on 31 July, 2023
C.R.P.(NPD)No.477 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.(NPD)No.477 of 2014
K.Radalakshmi .. Petitioner
vs
1.M/s.Preeti Enterprises,
Rep. by its Proprietor: C.J.Francis,
No.27, Sripuram Colony,
1st Cross Street, St. Thomas Mount,
Chennai-600 016.
2.The Secretary to the Government,
Fort St. George, Revenue Department,
Chennai-9.
3.The Commissioner,
Urban Land Ceiling,
Chepauk, Chennai-5.
(R2 and R3 impleaded as respondents vide order of this Court dated
08.07.2014 and 01.08.2016 in CRP(NPD)No.477 of 2014)
4.Mercy Frances
5.Princy Francis
6.Celina Prabhu .. Respondents
(R4, R5 & R6 are impleaded vide order of this Court
dated 31.07.2023 in CMP.Nos.9629, 9630 & 9631 of 2022)
Petition filed under Section 115 of the Code of Civil Procedure
against the Orders passed by the learned Subordinate Court Judge at
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1/4
C.R.P.(NPD)No.477 of 2014
Poonamallee dated 2nd January, 2014 in E.P.No.115 of 2012 in
O.S.No.34 of 2008.
For Petitioner : Mr.P.Subba Reddy
For Respondents : Mr.S.P.Karthik (for R2 and R3)
Government Advocate
R1 - Died
ORDER
This revision challenges an order passed by the learned
Subordinate Judge, Poonamallee in E.P.No.115 of 2012 in O.S.No.34 of
2008 dated 02.01.2014.
2.The Execution Petition has been filed seeking delivery of
possession of the property on the basis of the judgment and decree in
O.S.No.34 of 2008 dated 09.04.2011. The appeal preferred there from in
A.S.No.47 of 2010 was successful and therefore a Second Appeal was
preferred to this Court in S.A.No.43 of 2012. The said Second Appeal
came to be allowed by this Court on 16.08.2012 which has been put into
execution. Pending the proceeding, a Writ Appeal had been preferred
before this Court in W.A.No.394 of 2011 whereby an interim order of
stay was granted on 26.07.2017. The interim order states that arrears of
amounts, that is payable, by the respondent herein would have to be
deposited on or before 14.09.2017. Since the amounts were not
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.477 of 2014
deposited, the petitioners moved the Executing Court for delivery of
possession.
3.At that stage, the Executing Court taking note of the fact, a stay
has been granted in W.A.Nos.394 and 231 of 2011 directed the parties to
get a clarification from this Court. This order is challenged in this
revision. At the time of hearing of this revision, the learned counsel for
the petitioner would submit that this Court had clarified the order on
18.10.2019, whereby the stay granted in the writ appeal stood vacated.
Consequently, nothing further needs to be adjudicated in this revision, the
order of this Court having been clarified. The Executing Court is directed
to proceed further in Execution and ensure that the decree holder gets the
fruits of the decree at the earliest, in any event within a period of four (4)
months from the date of receipt of a copy of this order.
4.This civil revision petition is dismissed. No costs.
31.07.2023
Index:Yes/No (2/2)
Speaking order/Non-speaking order
Neutral Citation:Yes/No
vs
To
The Subordinate Court Judge,
Poonamallee.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.477 of 2014
V. LAKSHMINARAYANAN,J.
vs
C.R.P.(NPD)No.477 of 2014
31.07.2023
(2/2)
https://www.mhc.tn.gov.in/judis
