R.Sujatha vs Sumathi
2023 Latest Caselaw 5399 Mad

                                                                        C.R.P.SR.No.49834 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.06.2023

                                                    CORAM:

                                  THE HONOURABLE Dr.JUSTICE D.NAGARJUN

                                           C.R.P.SR.No.49834 of 2023
                                                     and
                                            C.M.P.No.10178 of 2023

                  R.Sujatha                                    ... Petitioner
                                                               In both C.R.P. and C.M.P.

                                                       Vs.
                  1.Sumathi
                  2.Kasambu
                  3.Pazhaniammal
                  4.Jokki                                      ... Respondents
                                                               In both C.R.P. and C.M.P.

                  PRAYER in C.M.P.No.10178 of 2023: Civil Miscellaneous Petition filed
                  under Section 151 of Civil Procedure Code to grant leave to the petitioner to
                  file the Revision Petition.


                  PRAYER in C.R.P.SR.No.49834 of 2023: Civil Revision Petition filed
                  under Section 115 of the Civil Procedure Code         to allow this revision
                  petition, set aside the notes paper order dated 02.02.2023 passed in
                  E.P.No.1 of 2013 in O.S.No.438 of 1998 on the file of the Principal District
                  Munsif, Cuddalore.



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                                                                            C.R.P.SR.No.49834 of 2023

                                        For Petitioner
                            In both C.R.P. and C.M.P.       :      Mr.N.Kesavaraj

                                                      ORDER

This Civil Miscellaneous Petition is filed for grant of leave to the

petitioner to file a revision petition, aggrieved by the orders passed in

E.P.No.1 of 2013 in O.S.No.438 of 1998 dated 02.02.2023, on the file of

the Principal District Munsif Court, Cuddalore, filed by the first respondent

/ Decree Holder against the respondent Nos.2 to 4 / Judgment Debtors for

recovery of suit schedule property, where the delivery is stated to have been

ordered on 02.02.2023.

2. According to the learned counsel for the petitioner, the land belongs

to the Temple, wherein the petitioner (3rd party) has constructed a house,

which was purchased by the petitioner and that the Decree Holder has

nothing to do with the said property.

3. The petitioner can certainly resist the execution petition, by filing

the appropriate application in the execution proceedings, wherein enquiry

will be taken up in respect of the rights of the petitioner, vis a vis, the E.P.

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https://www.mhc.tn.gov.in/judis C.R.P.SR.No.49834 of 2023

schedule property.

4. Considering the circumstances, this Civil Miscellaneous Petition is

disposed of, by permitting the petitioner / third party to participate in the

E.P. proceedings by filing an appropriate application and can resist the

execution. Consequently, the Civil Revision Petition is closed. No Costs.

05.06.2023

Index :Yes/No Internet:Yes/No Neutral Citation Case: Yes/No ab

To

1.The Principal District Munsif, Cuddalore.

2.The Section Officer, V.R.Section, High Court of Madras.

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https://www.mhc.tn.gov.in/judis C.R.P.SR.No.49834 of 2023

Dr.D.NAGARJUN, J.

ab

C.R.P.SR.No.49834 of 2023 and C.M.P.No.10178 of 2023

05.06.2023

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