Papathi vs Thavasu Mani
2023 Latest Caselaw 5306 Mad

                                                                                      C.R.P.No.1497 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 02.06.2023

                                                           CORAM:

                                   THE HONOURABLE DR.JUSTICE D.NAGARJUN

                                                    C.R.P.No.1497 of 2023

                Dharmalingam (Died)
                1.Papathi
                2.Brinda Devi
                3.Divya
                4.Saravana Kumar                                                      . . . Petitioners

                                                            Versus
                Thavasu Mani                                                          . . . Respondent

                PRAYER : Civil Revision Petition filed under Article 227 of Constitution of
                India to direct the Additional District Munsif Court, Namakkal to permit the
                petitioners to deposit the decree amount together with interest in R.E.P.No.149
                of 2003 in O.S.No.768 of 1994 dated 05.12.1994, within the time to be
                stipulated by this Court.


                                   For Petitioner      :      Ms.R.Divyapreathika
                                                              for Mr.R.Bharat Kumar


                                                           ORDER

This civil revision petition is filed questioning the return endorsement of

the certified copy in R.E.A.No.927 of 2004 in R.E.P.No.149 of 2003 in

OS.No.768 of 1994.

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2. The learned counsel for the petitioners submitted that the

respondent/plaintiff has filed O.S.No.768 of 1994 for recovery of money and

the said suit was decreed. Subsequently, R.E.P.No.149 of 2003 was filed for

attachment of sale of immovable properties. Attachment was effected and

properties were sold in auction and sale certificate also was given to the auction

purchaser. Questioning the same, the petitioners, who are the wife, two

daughters and son of the judgment debtor have filed E.A.No.927 of 2005 and

the same was dismissed. Aggrieved by the same, the petitioners filed

C.M.A.No.2 of 2007, which was also came to be dismissed. Again, the

petitioners have filed C.M.S.A.No.18 of 2019 and this Court vide judgment

dated 20.09.2022 has allowed the appeal and set aside the sale conducted on

08.06.2005.

3. Now, the petitioners are stated to have filed the lodgment schedule

before the trial Court to accept the decretal amount of Rs.38,500/-. However,

the Registry of the trial Court had returned the lodgment schedule stating that

there is no order or decree to receive the said amount. The petitioners, without

re-submitting the said lodgment schedule or without inviting the orders of the

Court have hardly approached this Court for further relief.

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4. It is brought to the notice of this Court by the learned counsel for the

petitioners that the petitioners herein, who have filed the lodgment schedule

before the trial Court, are not the parties to the execution petition. The decree

holder has failed to implead them as parties, after the demise of the judgment

debtor.

5. Considering the circumstances, this Civil Revision Petition is disposed

of directing the petitioners to re-submit the said lodgment schedule before the

trial Court and invite orders and take appropriate legal remedies basing on the

orders passed by the trial Court.

6. The Registry is directed to return the original lodgment schedule to the

petitioners. The petitioners are directed to re-submit the lodgment schedule

before the Court within two weeks from the date of receipt of a copy of this

order and on such re-submission, the trial Court is directed to dispose of and

pass appropriate orders on the lodgment schedule within a period of two weeks

as per law. Since it is reported that the petitioners are not the parties to the

Execution Petition, the Executing Court is also required to consider whether the

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petitioners can file lodgment schedule without impleading them as parties in

Execution Petition. There shall be no order as to costs.

02.06.2023

Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ms

To

The Additional District Munsif Court, Namakkal.

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DR.D.NAGARJUN, J., ms

C.R.P.No.1497 of 2023

02.06.2023

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