Suresh vs Kannaki
2023 Latest Caselaw 6734 Mad

                                                                                 C.R.P.No.742 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 21.06.2023

                                                     CORAM:

                                  THE HONOURABLE DR.JUSTICE D.NAGARJUN

                                               C.R.P.No.742 of 2023
                                                       and
                                              C.M.P.No.5706 of 2023

                     Suresh                                                         ..Petitioner
                                                           Vs.

                     1.Kannaki
                     2.Rajasekaran
                     3.Kanagam
                     4.Dharani
                     5.Rathinammal
                     6.Ramesh                                                     ..Respondents


                     PRAYER: Civil Revision Petition filed under Section 115 of C.P.C.,
                     seeking to set aside the fair and decreetal orders dated 12.09.2022 passed
                     in E.A.No.96 of 2019 in E.A.No.115 of 2017 in O.S.No.84 of 1996 on
                     the file of the Principal Sub-Court, Kallakurichi.

                                          For Petitioner         : Mr.R.Meenal

                                          For Respondent         : Mr.R.Bharath Kumar for R1




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                                                                                  C.R.P.No.742 of 2023

                                                      ORDER

This Civil Revision Petition is filed challenging the orders

passed in E.P.No.115 of 2017, permitting the 1st respondent, to be

impleaded as 2nd petitioner in E.P.No.115 of 2017.

2.It is submitted by the learned counsel appearing for the 1st

respondent / decree holder that the 1st respondent by virtue of purchase of

the schedule mentioned property as per the registered sale deed dated

03.04.2001 in vide document No.1348 of 2001 has become the owner of

the schedule of property thereby, she is entitled to succeed the property

from the original decree holder by name, Narayanan, hence, she shall

came on record as one of the respondent in EP.

3.The learned counsel for the petitioner/judgment debtor herein

has objected for such impleading on the ground that the 1st respondent /

decree holder, who has filed an application for impleadment has not filed

copy of the death certificate to show that the original decree holder / 1 st

respondent by name, Narayanan is no more and so that copy of the sale

deed through which 1st respondent has become owner is also not

enclosed. She has also brought to notice of this Court that in the Trial

Court, the Judgment Debtor has filed the counter, denying the sale

transaction.

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4.Now the learned counsel appearing for the 1st respondent has

submitted that he would file a copy of the sale deed through which the 1st

respondent has purchased the property from the original decree holder,

Narayanan in the EP proceedings.

5.Considering the same, this Civil Revision Petition is

disposed of, directing the 1st respondent to file a copy of the sale deed

03.04.2021 in Document No.1348 of 2001 through which Respondent

No.1 has purchased the property before the Executing Court and proceed

with the enquiry in the Execution Petition. The Executing Court is

directed to dispose of the Execution Petition as expeditiously as possible,

not less than three months from the date of receipt of a copy of this order.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                                      21.06.2023
                     kkn
                     Index             :Yes/No
                     Internet          :Yes/No
                     Neutral Citation  :Yes/No

Speaking order/Non-Speaking order

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To:-

The Principal Sub-Court, Kallakurichi.

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Dr.D.NAGARJUN, J.

KKN

C.R.P.No.742 of 2023 and C.M.P.No.5706 of 2023

21.06.2023

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