Madras High Court
Rajakumari vs T.S.Chockalinga Gramani (Died) on 10 September, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
CRP..No.3440 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.3440 of 2024 and C.M.P.No.18706 of 2024
Jayaraman (Died)
1.Rajakumari
2.Radha
Srinivasan (Died) ..Petitioners
Vs.
T.S.Chockalinga Gramani (Died)
Punithavathy (Died)
1.Umadevi
2.T.C.Shankar .. Respondents
Prayer:- Civil Revision Petition filed under Section 115 of CPC to set aside
the fair and decretal order dated 05.08.2024 made in E.P.No.2034 of 2002
in O.S.No.1851 of 1989 on the file of the Learned X Assistant Judge, City
Civil Court, Chennai.
For Petitioners : Mr.W.M.Abdul Majeed
For Respondents : Mr.C.Prakasam
for Mr.A.Asokan
https://www.mhc.tn.gov.in/judis
Page 1 of 6
CRP..No.3440 of 2024
ORDER
This petition has been filed as against the fair and decretal order dated
05.08.2024 made in E.P.No.2034 of 2002 in O.S.No.1851 of 1989 on the
file of the Learned X Assistant Judge, City Civil Court, Chennai.
2. The learned counsel for the petitioners would submit that the
respondents/decree holders/plaintiffs have filed E.P.No.2034 of 2002 to
execute the judgment and decree passed in O.S.No.1851 of 1989 dated
03.07.1997. The petitioner along with her mother, who are the legal heirs
of the original defendant in the suit had filed E.A.No.2 of 2021 under
Section 47 of Code of Civil Procedure. When the matter was in the midst of
the cross examination of the petitioner as PW1, the case had been posted
for continuation of cross examination on 27.06.2024. However, due to
inadvertence, the counsel for the petitioner had noted the next day of
hearing as 27.07.2024 and thereby, the petitioner was unable to be present
on 27.06.2024 for continuation of cross examination. Thereby the petition
in E.A.No.2 of 2021 came to be dismissed for default on 27.06.2024. On
information by the counsel for the petitioner had within a period of 15
days, on 12.07.2024, had filed an application to restore E.A.No.2 of 2024.
The Executing Court had returned the application for certain compliance on
https://www.mhc.tn.gov.in/judis
05.08.2024 and on the same day had issued fresh delivery warrant for
compliance by 23.09.2024. Challenging the same, the present revision is
filed.
3. The learned counsel would submit that the petitioner has been
effectively pursuing the E.A.No.2 of 2021 filed under Section 47 of Code of
Civil Procedure and it has been dismissed on account of noting the date
wrongly and if the petition is not restored and the warrant is executed and
if the petitioners are evicted, they will be put to great hardship. He also
submitted that they are ready to co-operate with the Executing Court in
completing the enquiry on a day to day basis and thereby seek to set aside
the impugned order dated 05.08.2024.
4. Mr.C.Prakasam, the learned counsel for the respondents/decree
holders submitted that the judgment and decree passed in O.S.No.1851 of
1989 is of the year 1997 and the petitioners/judgment debtors are filing
petition after petition for delaying the execution process. Hence, opposed
this petition.
5. Heard both sides and perused the materials placed on record.
https://www.mhc.tn.gov.in/judis
6. Taking into consideration of the facts and circumstances of the
case, the petitioner had not appeared for hearing on 27.06.2024 alone and
the petition filed under Section 47 of Code of Civil Procedure had been
dismissed for default and the restoration petition has been filed within a
period of limitation, this Court is of the opinion that in the interest of
justice, one opportunity can be given to the petitioner to pursue the petition
and the revision may be allowed on terms and by suitably compensating
the respondents/decree holders.
7. In view of the above, the fair and decretal order dated 05.08.2024
made in E.P.No.2034 of 2002 in O.S.No.1851 of 1989 on the file of the
Learned X Assistant Judge, City Civil Court, Chennai is hereby set aside,
on condition that the petitioners shall deposit a sum of Rs.5000/- before the
Court within one week from the date of receipt of a copy of the Order and
on such deposit being made, the E.A.No.2 of 2021 shall be restored and the
Court shall take every endeavour to dispose E.A.No.2 of 2021 within a
period of four weeks. The cost of Rs.5000/- deposited shall be paid to the
respondents/decree holders.
https://www.mhc.tn.gov.in/judis
8. Accordingly, the C.R.P.No.3440 of 2024 is allowed. No costs.
Consequently, connected miscellaneous petition is closed. No costs.
10.09.2024
dhk
Index : Yes/No
Internet : Yes/No
To,
X Assistant Judge,
City Civil Court, Chennai
A.D.JAGADISH CHANDIRA, J.,
https://www.mhc.tn.gov.in/judis
dhk
10.09.2024
https://www.mhc.tn.gov.in/judis
