Madras High Court
Sami Arul Educational Trust vs S.Peter on 11 May, 2023
C.R.P(MD)No.1241 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.05.2023
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.R.P(MD)No.1241 of 2023
and
C.M.P(MD)No.6057 of 2023
Sami Arul Educational Trust,
represented by its Managing Trustee,
Sathyanaranan Yadhav,
No.199/1, Pillaiyarpatti Village,
Thankavur Taluk,
Thanjavur District. ... Petitioner
Vs.
S.Peter ...Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to direct the Principal Subordinate Judge,
Thanjavur to number and take the petition in E.A.SR.No.4936 of 2023 in
E.P.No.50 of 2015 in O.S.No.290 of 2010 on its file and to dispose it of
on merits in accordance with law and allow the present Civil Revision
Petition.
For Petitioner : Mr.V.Balaji
https://www.mhc.tn.gov.in/judis
1/5
C.R.P(MD)No.1241 of 2023
ORDER
The present revision petition has been filed to direct the Principal
Subordinate Judge, Thanjavur to number and take the petition in
E.A.SR.No.4936 of 2023 in E.P.No.50 of 2015 in O.S.No.290 of 2010 on
its file and to dispose it of on merits in accordance with law.
2. The contention of the petitioner is that in E.P.No.50 of 2015
delivery has been ordered and Amin warrant has also been issued. But
the respondent has not acted as a trustee of Sami Arul Educational Trust.
The respondent was appointed as Trustee and he has managed the
properties as Trustee. But now the respondent herein is claiming right
over the suit property as “individual”.
3. The further contention of the petitioner is that the suit was filed
by the respondent herein and the same was dismissed. But the first appeal
and the second appeal ended in favour of the respondent. However, in
Civil Appeal No.6595 of 2016, the Hon'ble Supreme Court, set aside the
judgment rendered in the first appeal and second appeal and the case was
remitted back to the High Court for fresh consideration. However, the
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1241 of 2023
Principal Sub Court, Thanjavur, is relying on the disposed status shown
by the computer extract wherein it is stated that the second appeal was
disposed on 16.04.2015. The Principal Sub Court, Thanjavur, has not
taken into account the order, dated 20.07.2016, passed in Civil Appeal
No.6595 of 2016 by the Hon’ble Supreme Court.
4.Therefore, this Court is directing the Principal Sub Court,
Thanjavur, to number the E.A. The delivery of possession order passed
in E.A.No.50 of 2015, dated 18.04.2023, is stayed until the disposal of
the second appeal pending before this Court. Registry is directed to
return the originals.
5. With the said observations, this Civil Revision Petition stands
allowed. No costs. Consequently, connected Civil Miscellaneous Petition
is closed.
11.05.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Tmg
Note: Issue order copy on 12.05.2023.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1241 of 2023
To
1.The Principal Subordinate Court,
Thanjavur.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1241 of 2023
S.SRIMATHY ,J.
Tmg
Order made in
C.R.P(MD)No.1241 of 2023
11.05.2023
https://www.mhc.tn.gov.in/judis
