Madras High Court
K.Rajendran vs Alamelu (Died) on 14 February, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P.No.390 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.390 of 2025
and C.M.P.No.2303 of 2025
1. K.Rajendran
2. Chinnaponnu
3. Murugan ... Petitioners
Vs
Alamelu (Died)
1. Sampoorni
2. Alakeshabupathi ... Respondents
PRAYER : Civil Revision Petition filed under Section 115 of Civil Procedure
Code, pleased to set aside the order of arrest and detention passed in REP No.116
of 2020 in O.S.No.116 of 2014 on the file of the I Additional District Munsif
Court, Salem, dated 21.10.2024.
For Petitioners : Mr.Charles Kamalesh M.Appaji
For Respondents : Mr.M.R.Jothimanian
1/8
https://www.mhc.tn.gov.in/judis
C.R.P.No.390 of 2025
ORDER
This Civil Revision Petition has been filed against the order of arrest and
detention dated 21.10.2024 passed in REP No.116 of 2020 in O.S.No.116 of 2014
on the file of the I Additional District Munsif Court, Salem.
2. The brief facts of the case are that the revision petitioners are the
defendants in the suit filed by the plaintiff in O.S.No.116 of 2014 before the I
Additional District Munsif Court, Salem, seeking for a permanent injunction and
the suit came to be decreed on 27.02.2019. Despite the knowledge of the decree
dated 27.02.2019, the petitioners violated and disobeyed the same, thereby, the
respondents, who are the legal heirs of the deceased plaintiff, had filed the
execution petition under Order XXI Rule 11 of CPC in R.E.P.No.116 of 2020 to
order to issue notice to the petitioners as per Order XXI Rule 32 of CPC to arrest
the petitioners and to detain them in civil jail. The petitioners had contested the
case, however, the executing Court, finding that the petitioners have not complied
with the order and disobeyed the decree, has passed an interim order dated
21.10.2024, punishing the petitioners by way of arrest and detention. Aggrieved
over the same, the petitioners have filed the present revision petition.
https://www.mhc.tn.gov.in/judis
3. Learned counsel for the petitioners submitted that the petitioners, who are
the judgment debtors in O.S.No.116 of 2014, have no intention of disobeying the
orders of the trial Court and they also not claim any title or right over the suit
schedule property. He further submitted that the petitioners undertake that they
will not interfere with the peaceful possession and occupation of the
respondents/decree holders in respect of the suit schedule property and they have
also filed a common Affidavit of Undertaking to that effect. Thereby, he prayed
that the Affidavit of Undertaking filed by the petitioners may be accepted and the
order of arrest and detention may be set aside.
4. Learned counsel for the respondents submitted that since the petitioners
have interfered with the possession and occupation with suit scheduled property of
the respondents and violated the decree, the respondents have filed an execution
petition in REP No.116 of 2020, however, if the petitioners abide by the
undertaking given by them, the respondents have no objection in the arrest and
detention order being set aside.
5. Heard both sides and perused the materials available on record including
the Affidavit of Undertaking filed by the petitioners.
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6. The common Affidavit of Undertaking dated 12.02.2025 filed by the
petitioners before this Court is as follows :-
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
7. Taking into consideration the common Affidavit of Undertaking dated
12.02.2025 filed by the petitioners and recording the submissions made by the
learned counsels on both sides, this Civil Revision Petition stands allowed and the
order of arrest and detention passed by the I Additional District Munsif Court,
Salem, in REP No.116 of 2020 in O.S.No.116 of 2014 on 21.10.2024, is hereby
set aside. It is made clear that in the event of the petitioners interfering any further
in the suit schedule properties, the respondents are entitled to proceed in
accordance with law.
8. The Affidavit of Undertaking dated 12.02.2025 filed by the petitioners
shall form part of the Court records. Consequently, the connected miscellaneous
petition is closed. No costs.
14.02.2025
Index : Yes / No
Neutral Citation : Yes / No
ham
To
1. The I Additional District Munsif Court, Salem.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.
ham
14.02.2025
https://www.mhc.tn.gov.in/judis
