Madras High Court
R.Pennatchi Ammal vs R.Muthalu on 23 October, 2024
Author: S.Srimathy
Bench: S.Srimathy
C.R.P.(MD)Nos.1068 and 1749 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
C.R.P.(MD)Nos.1068 and 1749 of 2024
and
C.M.P.(MD)Nos.5940, 7612 and 10074 of 2024
1.R.Pennatchi Ammal
2.R.Thangaselvan
3.R.Balu
4.R.Lakshmi ... Petitioners in both cases
Vs.
R.Muthalu ... Respondent in both cases
PRAYER in C.R.P.(MD)No.1068 of 2024 : Civil Revision Petition is filed under
Section 115 of C.P.C., against the order dated 12.03.2024, passed in E.A.No.2 of
2023 in E.A.No.1 of 2021 in E.P.No.219 of 2017 in O.S.No.870 of 2015 on the
file of the Sub Court, Musiri.
PRAYER in C.R.P.(MD)No.1749 of 2024 : Civil Revision Petition is filed under
Section 115 of C.P.C., against the order dated 30.08.2019, passed in I.A.No.1 of
2019 in O.S.No.870 of 2015 on the file of the II Additional Sub Court,
Tiruchirappalli.
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C.R.P.(MD)Nos.1068 and 1749 of 2024
In both cases:
For Petitioners : Mr.M.Saravanan
For Respondent : Mr.D.Boopal
*****
COMMON ORDER
The civil revision petition in C.R.P.(MD)No.1068 of 2024 was filed by the
Judgment Debtor against the order dated 12.03.2024, passed in E.A.No.2 of 2023
in E.A.No.1 of 2021 in E.P.No.219 of 2017 in O.S.No.870 of 2015 on the file of
the II Additional Sub Court, Tiruchirappalli. And the civil revision petition in
C.R.P.(MD)No.1749 of 2024 was filed by the Judgment Debtor against the order
dated 30.08.2019, passed in I.A.No.1 of 2019 in O.S.No.870 of 2015 on the file of
the II Additional Sub Court, Tiruchirappalli.
2. The specific performance suit in O.S.No.870 of 2015 was filed by the
respondent herein. The revision petitioners herein remained exparte and the
exparte decree was passed on 17.09.2016. Thereafter, the plaintiff had preferred
E.P.No.219 of 2017. In the meanwhile, the judgment debtor had filed I.A.No.1 of
2019 in O.S.No.870 of 2015 to condone the delay of 705 days delay in preferring
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C.R.P.(MD)Nos.1068 and 1749 of 2024
the petition to set aside the exparte decree and the same was dismissed on
30.08.2019. Aggrieved over the same, the civil revision petition in C.R.P.
(MD)No.1749 of 2024 was filed. Thereafter, in the execution proceedings sale
deed in Document No.692/2020 was executed on 17.02.2020 and EP was closed
on 02.03.2020. And the respondent herein had filed E.A.No.1 of 2021 for delivery
of property. Pending the same, on 30.03.2022 the judgment debtor had filed
E.A.No.2 of 2023 to set aside the exparte order passed in the E.P. No.219 of 2017
and the same was dismissed. Aggrieved over the same, the civil revision petition
in C.R.P.(MD)No.1068 of 2024 was filed. Both the civil revision petitions in
C.R.P.(MD)Nos.1068 and 1749 of 2024 are taken up together.
3. There was 705 days delay in filing an application to set aside the exparte
decree and the reasons cited for delay in the affidavit are that the petitioner
Pennatchi Ammal was suffering from Jaundice who is aged about 89 years, she is
a widow and she is taking care of three children, i.e., 2 sons and a daughter.
Therefore, she was stressed with the family situation. Being a widow, she has to
take care of the entire family and she is also aged, hence, she is not able to
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C.R.P.(MD)Nos.1068 and 1749 of 2024
concentrate on the other affairs of the family. The contention of the plaintiff is
that the sale agreement was executed with a sale consideration of Rs.3,00,000/-
and the defendants paid Rs.2,50,000/- and two years was fixed for paying the
balance Rs.50,000/-.
4.This Court is of the considered opinion that on the basis of the
transaction, prima facie it is seen that it may be a loan transaction. This plea was
raised by the defendants also. However, the same ought to be proved by the
defendants through evidence. Therefore, this Court is of the considered opinion
that the matter needs thorough trial with evidence. Therefore, this Court is
inclined to set aside the order passed in I.A.No.1 of 2019 and the delay is
condoned. Consequently, the O.S., is restored and the Trial Court is directed to
complete the trial within a period of one year from the date of receipt of a copy of
this judgment. Since this Court has restored the original suit, the order passed in
E.P.No.219 of 2017 is kept in abeyance. The petition filed in E.A.No.1 of 2021
for delivery of property is kept in abeyance. The order passed in E.A.No.2 of 2023
is set aside and the same is allowed.
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C.R.P.(MD)Nos.1068 and 1749 of 2024
5. With the above said directions, both the Civil Revision Petitions in
C.R.P.(MD)Nos.1069 and 1749 of 2024 are is allowed with above directions. No
costs. Consequently, connected miscellaneous petitions are closed.
23.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
Tmg
To:
1.Sub Court, Musiri.
2.II Additional Sub Court, Tiruchirappalli.
3.The Section Officer,
Vernacular Record Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.1068 and 1749 of 2024
S.SRIMATHY, J.
Tmg
C.R.P.(MD)Nos.1068 and 1749 of 2024
23.10.2024
https://www.mhc.tn.gov.in/judis
