Madras High Court
Arulmani vs Murugesan .... 1St on 4 May, 2023
C.R.P.(PD)(MD).No.1214 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(PD)(MD)No.1214 of 2023
and
C.M.P(MD) No.5861 of 2023
1. Arulmani
2. Koilraj ... Petitioners / Petitioners/
Claimants/Petitioners
-vs-
1. Murugesan .... 1st Respondent/1st Respondent/
Petitioner/Plaintiff
2. Selvinkanagaraj .... 2nd Respondent/2nd Respondent/
Respondent/Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, against the returned docket order dated 03.11.2022
passed in unnumbered E.A.No.......... 2022 in E.P.No.30 of 2021 in O.S.No.
110 of 2013 on the file of the Principal Sub Court, Ambasamudram.
For Petitioners : Mr.C.Vakeeswaran
1/5
https://www.mhc.tn.gov.in/judis
C.R.P.(PD)(MD).No.1214 of 2023
ORDER
The present civil revision petition has been filed challenging the order
of return passed by the Principal Sub Court, Ambasamudram, refusing to
number the claim petition filed by the revision petitioners.
2. According to the revision petitioners, the first respondent herein had
filed O.S.No.110 of 2013 on the file of Principal Sub Court, Ambasamudram,
for the relief of specific performance. The said suit was decreed as against the
second respondent herein.
3. According to the learned counsel for the petitioners, the claim
petitioners are brothers of the defendants/judgment debtors in the suit and
each one of the claim petitioners are claiming 1/3rd share in the suit schedule
properties. On the said ground that they have filed an execution application
claiming 2/3 share over the properties, that were subject matter of the specific
performance suit. The said application was filed on 09.09.2022.
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C.R.P.(PD)(MD).No.1214 of 2023
4. The learned Subordinate Judge has returned the same on the ground
that no title deeds have been enclosed along with the claim petition to
establish the title of the claim petitioners. The said return was answered by
the claim petitioners that the properties being ancestral in nature, they could
only produce the revenue records to establish their share over the properties.
However, finally on 03.11.2022, the Execution Application was returned on
the ground that the execution proceedings have already been closed. The said
order is under challenge in the present Revision Petition.
5. It could be seen from the records that the claim petitioners have filed
the Execution Application on 09.09.2022. The sale deed has been executed by
the Court only on 03.11.2022 and the Execution Application has been closed
on 03.11.2022. Thereafter, the decree-holder has filed an E.A.No.5 of 2022
for taking delivery, which is still pending. Therefore, there is no legal
impediment for the Execution Court in entertaining the claim petition
provided all the records relating to the title of their properties are filed.
Therefore, the return order passed by the Execution Court on 03.11.2022 is
hereby set aside. The learned Subordinate Judge, Ambasamudram is directed
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C.R.P.(PD)(MD).No.1214 of 2023
to number the claim petition provided the revenue records indicating the title/
ancestral nature of the property are filed along with the claim petition.
6. With the above said observation, this Civil Revision Petition stands
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
04.05.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi/akv
Note: Issue order copy on 04.05.2023
To
1. The Principal Sub Court,
Ambasamudram.
https://www.mhc.tn.gov.in/judis
C.R.P.(PD)(MD).No.1214 of 2023
R.VIJAYAKUMAR,J.
ebsi
C.R.P(PD)(MD)No.1214 of 2023
04.05.2023
https://www.mhc.tn.gov.in/judis
