Madras High Court
A.Sobha vs F.John Narchesan on 10 October, 2023
C.R.P(MD)No.2085 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P(MD) No.2085 of 2019
and
C.M.P(MD) No.10859 of 2019
A.Sobha ...Petitioner
Vs.
F.John Narchesan ...Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order dated
09.08.2019 passed in E.A.No.5 of 2019 in E.P.No.110 of 2018 in
O.S.No.35 of 2017 on the file of the Principal District Judge,
Kanyakumari at Nagercoil.
1/8
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2085 of 2019
For Petitioner : Mr.G.Thiruvarutselvan
For Respondent : Mr.M.Kannan
ORDER
This Civil Revision Petition is filed against the order
dated 09.08.2019 passed in E.A.No.5 of 2019 in E.P.No.110 of 2018
in O.S.No.35 of 2017 on the file of the Principal District Judge,
Kanyakumari at Nagercoil.
2. Heard, Mr.G.Thiruvarutselvan, learned counsel for the
petitioner and Mr.M.Kannan, learned counsel appearing for the
respondent and perused the material available on record.
3. The petitioner is the defendant in the suit and the
respondent is the plaintiff in the suit.
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C.R.P(MD)No.2085 of 2019
4. The learned counsel for the petitioner would submit
that the learned Principal District Judge, failed to consider that the
Execution Petition filed by the respondent only based on the ex-
parte order and the ex-parte order also challenged by the petitioner
by filing necessary application under Section 5 of the Limitation Act
and a petition to set aside the ex-parte order and those petitions are
still pending. When the said petitions are pending, without issuing
any notice or intimation to the petitioner with an intention to cheat
the petitioner, the respondent mentioned the wrong address of the
petitioner and cheated the trial Court and obtained ex-parte decree.
5. The learned counsel further submits that the
respondent approached the Court with unclean hands. The Lower
Court ought to have allowed the application to set aside the ex-parte
order, since the disputed property is the only dwelling house and the
petitioner is no other way to reside except the property.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2085 of 2019
6. On the other hand, the learned counsel for the
respondent submits that the suit in O.S.No.35 of 2017 filed by the
respondent was decreed on 11.12.2017 and no appeal has been filed
against the said decree and it has become final. Subsequently, the
respondent filed Execution Petition. In the Execution Petition, the
petitioner was set ex-parte. Thereafter, the petitioner came up with a
petition to set aside the ex-parte order dated 11.07.2019. The
Execution Court holding that the reasons stated by the petitioner
therein are not satisfied to set aside the ex-parte order dated
11.07.2019, as the petitioner is not entitled for the relief sought in
the said petition, dismissed the E.A.No.5 of 2019, by order, dated
09.08.2019.
7. The learned counsel for the respondent further
submits that the Execution Court having considered all aspects
passed the order and interference of this Court under the Civil
Revision Petition is not warranted and sought to dismiss the Civil
Revision Petition.
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C.R.P(MD)No.2085 of 2019
8. Having heard the submissions of the respective
counsels and upon careful perusal of the material available on
record, it is an admitted fact that the suit filed by respondent in
O.S.No.35 of 2017 on the file of the Principal District Judge,
Kanyakumar at Nagercoil, was decreed on 11.12.2017. At the time
of passing the decree, the Trial Court granted time to the defendant
i.e., the petitioner herein to hand over the possession of the petition
mentioned property to the plaintiff on or before 10.02.2018.
Admittedly, the decree has become final, as no appeal is filed.
Inspite of sufficient opportunity is granted to the petitioner, the
petitioner did not turn up. Accordingly, the petitioner was set ex-
parte on 30.06.2019 and ex-parte order was passed on 11.07.2019.
9. By following the judgment rendered by the Hon'ble
Apex Court in Ramaparameshwari Devi Vs. Nirmala Devi reported
in 2013 (3) LW - 97, wherein, the Apex Court held that deprecating
the dilatory tactics and the harassment of opposite party ultimately,
resulting in wastage of Court's time and also unjust benefit to the
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C.R.P(MD)No.2085 of 2019
wrong doer under the existing system of administration of civil
litigation came down heavily to slap the exemplary cost of
Rs.2,00,000/-, the Execution Court came to an opinion that the Court
cannot shut its eyes to the deliberate and calculated strategies
designated by the petitioner to over reach the majesty of Courts and
the petitioner's ilk could not and should not be permitted to eat into
the precious judicial time of the Court, the Execution Court held that
the petitioner therein is not entitled for the relief and dismissed the
E.A.No.5 of 2019, by order, dated 09.08.2019.
10. The learned counsel for the respondent also brought
to the notice of this Court that the possession of the suit schedule
property is not handed over to the respondent till now.
11. On consideration of the facts and circumstances of
the case, it is clear that the petitioner is making every effort to drag
on the proceedings without permitting the respondent to enjoy the
fruits of the decree which is not permitted under law.
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C.R.P(MD)No.2085 of 2019
12. In the considered opinion of this Court, the petitioner
failed to make out any case and failed to show sufficient reason
seeking interference of this Court in the Civil Revision Petition.
13. Accordingly, this Civil Revision Petition is
dismissed.
14. No costs.
15. Consequently, connected Civil Miscellaneous
Petition is closed.
10.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
RM
To
The Principal District Judge,
Principal District Court,
Kanyakumari at Nagercoil.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2085 of 2019
BATTU DEVANAND, J.
RM
C.R.P(MD) No.2085 of 2019
10.10.2023
https://www.mhc.tn.gov.in/judis
