Sakthivel vs A.M.Natchimuthu (Died)
2023 Latest Caselaw 15320 Mad

Madras High Court

Sakthivel vs A.M.Natchimuthu (Died) on 29 November, 2023

                                                                        C.R.P.(MD)No.3143 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 29.11.2023

                                                    CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                            C.R.P.(MD)No.3143 of 2023
                                                      and
                                           C.M.P.(MD)No.16160 of 2023


                    1.Sakthivel

                    2.Vijaya

                    3.Veerammal

                    4.Sadaiyappan                      : Petitioners/Respondents/Defendants

                                                       Vs.

                    A.M.Natchimuthu (died)

                    1.Pappal

                    2.Ramathal

                    3.Parthasarathy                    : Respondents/Petitioners/Plaintiffs


                    Prayer : This Civil Revision Petition filed under Section 115 of C.P.C., to
                    set aside the fair and decreetal order, dated 02.11.2023 made in E.P.No.7
                    of 2022 in O.S.No.86 of 2008 on the file of the learned District Munsif
                    Court, Ottanchathiram.

                    1/5
https://www.mhc.tn.gov.in/judis
                                                                              C.R.P.(MD)No.3143 of 2023


                                    For Petitioners     : Mr.S.Karthik

                                    For Caveator        : Mr.D.Venkates, for R 1.

                                                          ORDER

The Civil Revision Petition is directed against the order passed in

E.P.No.7 of 2022 in O.S.No.86 of 2008, dated 02.11.2023 on the file of the

learned District Munsif Court, Ottanchathiram, directing the removal of

encroachments made by the revision petitioner, in pursuance of the decree

passed in O.S.No.86 of 2008, dated 08.06.2015.

2. It is seen from the records that the respondents have filed a suit in

O.S.No.86 of 2008 for declaration, permanent injunction and for

mandatory injunction for removal of encroachments made by the

defendants therein and the learned District Munsif, Ottanchathiram, after

trial, has passed the judgment and decree, dated 08.06.2015, granting

decree as prayed for and also directed the defendants to remove the

encroachments within two months from the date of judgment.

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

3. It is not in dispute that the revision petitioners have preferred an

appeal in A.S.No.78 of 2018, challenging the judgment and decree passed

in O.S.No.86 of 2008, but the same was dismissed for default and that they

have filed an application to restore the appeal along with an application to

condone the delay in filing the restoration petition and the same are

pending. Meanwhile, the decree holders have laid the execution petition

and after enquiry, the Executing Court has passed the impugned order.

4. The main contention of the revision petitioners is that since the

appeal is pending, the execution proceedings cannot be proceeded with.

But, as rightly contended by the learned counsel for the respondents, as of

now, no appeal is pending and the petition to condone the delay of nearly

3 years is pending.

5. The revision petitioners have not raised any other valid reason or

ground to impugn the order passed by the Executing Court. Moreover, the

decree holders had obtained decree as early as on 01.11.2010, but they are

not able to realize the fruits of the decree till now.

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

6. Considering the above facts and circumstances of the case, the

impugned order dismissing the petition cannot be found fault with. Hence,

this Court concludes that Civil Revision Petition is devoid of merits and

the same is liable to be dismissed.

7. In the result, the Civil Revision Petition is dismissed.

Consequently, connected Miscellaneous Petition is closed. No costs.

29.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das

To

1.The District Munsif, Ottanchathiram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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

K.MURALI SHANKAR,J.

DAS

Order made in

and

Dated : 29.11.2023

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