Madras High Court
Jayapal vs Narayanasamy Naidu (Died) on 18 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R..P.(NPD)(MD).No.868 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(NPD)(MD)No.868 of 2024
and
C.M.P(MD) No.4830 of 2024
Varadharajan (Died)
Neelavathi (Died)
1. Jayapal
2. Jayakumar
3. Jayaseelan (died) ... Petitioners/Respondents/
Defendants
4. Rajalakshmi
5. Vijaysriram
6. Vijaysrinath ... Proposed petitioners
(Petitioners 4 to 6 are brought on record
as LRs of the deceased 3rd petitioner
vide order of this Court dated
10.01.2025 made in C.M.P(MD) Nos.
18706 to 18708 of 2024 in C.R.P(MD)
No.868 of 2024)
Vs.
Narayanasamy Naidu (Died)
1/6
https://www.mhc.tn.gov.in/judis
C.R..P.(NPD)(MD).No.868 of 2024
1. Nathan
2. Rajagopal
3. Baskaran
4. Balagangadhara Thilagar
5. Manikandan ... Respondents/Petitioners/
Plaintiffs
PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure
Code, against the fair and decreetal order dated 08.01.2019 by the learned
Principal District Munsif, Kumbakonam, made in E.P.No.50 of 2013 in
O.S.No.606 of 1986.
For Petitioners : Mr.B.Anandan
For Respondents : Mr.H.Laxmi Shankar
ORDER
The judgment debtors in O.S.No.606 of 1986 on the file of the
Principal District Munsif Court, Kumbakonam, are the revision petitioners
herein.
2. The respondents herein have filed the above said suit for the relief of
permanent injunction or in the alternative for a mandatory injunction and
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C.R..P.(NPD)(MD).No.868 of 2024
recovery of possession. The suit was decreed for the relief of recovery of
possession and for mandatory injunction. The said suit was dismissed with
regard to the prayer of permanent injunction. Armed with the said decree, the
decree holders have filed in E.P.No.50 of 2013 to take delivery of the
property. The Execution Court has passed an order on 08.01.2019 directing
the delivery of the property by 31.01.2019. Challenging the said delivery
order, the present Civil Revision Petition has been filed.
3. According to the learned counsel appearing for the revision
petitioners, the suit has been decreed only for an extent of 13 cents. However,
under the execution proceedings, the decree holders are attempting to take
possession of 16 cents. Therefore, the order of delivery has to be set aside.
This is the only ground raised in the present Civil Revision Petition.
4. Per contra, the learned counsel appearing for the respondents/decree
holders submits that the property that was shown as schedule of property in
the suit has been shown in the execution petition also. Therefore, the
judgment debtors cannot raise a plea that the property within the four
boundaries is 16 cents and not 13 cents. Such a plea was not raised during
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C.R..P.(NPD)(MD).No.868 of 2024
trial. He further contended that the order of delivery was challenged in
C.M.A.No.4 of 2019 before the Principal Sub Court, Kumbakonam, which
was dismissed on 24.07.2023 on the ground that it is not maintainable.
5. Heard both sides and perused the material on records.
6. A perusal of the trial Court decree reveals that the plaintiffs have
mentioned the survey number, door number, four boundaries and they have
relied upon the rough sketch also. They have not mentioned any extent in the
suit schedule property. The defendants having not raised any objection with
regard to the extent of property within the said boundaries during trial.
Therefore, they would not be entitled to raise the said plea in the execution
proceedings. In fact, the description of the property is the same in the
execution proceedings also. Therefore, such a ground is not legally
sustainable and there are no merits in this Civil Revision Petition.
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C.R..P.(NPD)(MD).No.868 of 2024
7. Accordingly, this Civil Revision Petition stands dismissed. There
shall be no order as to costs. Consequently connected Miscellaneous Petition
stands closed.
18.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Principal District Munsif Court,
Kumbakonam.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R..P.(NPD)(MD).No.868 of 2024
R.VIJAYAKUMAR,J.
ebsi
C.R.P(NPD)(MD)No.868 of 2024
18.02.2025
https://www.mhc.tn.gov.in/judis
