Madras High Court
Chand Begum vs Butt Road on 8 July, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
CRP.Nos.2185, 2187 & 2190 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 08.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
CRP.Nos.2185, 2187 & 2190 of 2024
and CMP.No.11618 of 2024
In all CRPs
Mehrunnissa (Deceased)
1.Chand Begum
2.Thahira Begum
3.Noori Begum
4.Piyari Begum
5.Hammeda Begum
6.Sulthana Begum
7.Niyamath Ullah
8.Rahman Ullah
9.Rahim Ullah
10.Gayaz Ullah
11.Shaketha Begum . . . Petitioners
Versus
1.Butt Road, Jumma Masijid (Mosque)
Rep by its Secretary
Mr.Ayub Khan
Having office at No.5/64, Magazine Road
St.Thomas Mount, Chennai – 600 016
(Substituted as Mr.Ayub Khan vide Court Order dated 30.09.2024
CMP.Nos.19814, 19816 & 19817 of 2024 in
CRP.Nos.2185, 2189 & 2190 of 2024 by ADJCJ)
Mahbood Basha (Deceased)
Page 1 / 7
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CRP.Nos.2185, 2187 & 2190 of 2024
2.Taj Begum
3.Sami Ullah
4.Niaz
5.Dilsath Begum . . . Respondents
Prayer in CRP.No.2185 of 2024: Petition filed under Section 115 of Code of
Civil Procedure, to set aside the order passed in E.A.No.2 of 2023 in
E.A.No.155 of 2014 in EP.No.145 of 2013 dated 02.03.2024 on the file of the
learned Principal District Munsif, Alandur.
Prayer in CRP.No.2187 of 2024: Petition filed under Section 115 of Code of
Civil Procedure, to set aside the order passed in E.A.No.4 of 2023 in
E.A.No.154 of 2014 in EP.No.145 of 2013 dated 02.03.2024 on the file of the
learned Principal District Munsif, Alandur.
Prayer in CRP.No.2190 of 2024: Petition filed under Section 115 of Code of
Civil Procedure, to set aside the order passed in E.A.No.3 of 2023 in
E.A.No.144 of 2017 in EP.No.145 of 2013 dated 02.03.2024 on the file of the
learned Principal District Munsif, Alandur.
In all CRPs
For petitioners : Mr.R.Jayaprakash
For Respondents : Mr.N.A.Nassir Hussain for R1
Mr.P.Vasantha Kumar for R2 to R5
COMMON ORDER
CRP.No.2185 of 2024 has been filed to set aside the order passed in
E.A.No.2 of 2023 in E.A.No.155 of 2014 in EP.No.145 of 2013 dated
02.03.2024 on the file of the learned Principal District Munsif, Alandur.
CRP.No.2187 of 2024 has been filed to set aside the order passed in
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CRP.Nos.2185, 2187 & 2190 of 2024
E.A.No.4 of 2023 in E.A.No.154 of 2014 in EP.No.145 of 2013 dated
02.03.2024 on the file of the learned Principal District Munsif, Alandur.
CRP.No.2190 of 2024 has been filed to set aside the order passed in
E.A.No.3 of 2023 in E.A.No.144 of 2017 in EP.No.145 of 2013 dated
02.03.2024 on the file of the learned Principal District Munsif, Alandur.
2.a.E.A.No.2 of 2023 in E.A.No.155 of 2014 in EP.No.145 of 2013 in
O.S.No.3306 of 1993 has been filed to set aside the order of dismissal dated
05.04.2023 and to restore the E.A.No.155 of 2014.
2.b.E.A.No.4 of 2023 in E.A.No.154 of 2014 in EP.No.145 of 2013 in
OS.No.3306 of 1993 has been filed to set aside the order of dismissal dated
05.04.2023 and to restore the E.A.No.154 of 2014.
2.c.E.A.No.3 of 2023 in E.A.No.144 of 2017 in EP.No.145 of 2013 in
OS.No.3306 of 1993 has been filed to set aside the order of dismissal dated
05.04.2023 and to restore the E.A.No.144 of 2017.
3. The suit has been filed by the first respondent for recovery of
possession in OS.No.3306 of 1993 on the file of the learned District Munsif,
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CRP.Nos.2185, 2187 & 2190 of 2024
Tambaram. Originally, the suit was dismissed vide judgment and decree dated
28.11.1994 and subsequently, in second appeal in S.A.No.1080 of 2001, the
judgment and decree dated 28.11.1994 was set aside and the suit was decreed
vide judgment and decree dated 28.09.2011 and the same was also confirmed
in SLP.(C).No.8929 of 2012 dated 01.05.2012. Therefore, to enforce the
decree and judgment, Execution Petition has been levied in EP.No.145 of
2013. Thereafter, it appears that several applications have been filed by the
judgment debtor, taking note of the delay, the decree holder have filed two
separate revisions in CRP.No.817 of 2020 and CRP.No.2548 of 2023 for
speedy disposal and the same were disposed of directing the Executing Court
to dispose of the EP within a period of three months respectively vide orders
dated 25.02.2020 and 31.07.2023. Whereas, still the execution petition has not
been disposed of.
4. At this stage, the applications have been taken out by the petitioners
under in E.A.No.154 of 2014 to stay the operation of the main EP.No.145 of
2013, E.A.No.155 of 2014 filed under Section 47 of CPC and E.A.No.144 of
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CRP.Nos.2185, 2187 & 2190 of 2024
2017 was filed to eschew the documents and mark the same through competent
witnesses. When the above applications were posted on 05.04.2023 for
bringing the legal heirs of the second respondent on record, since, no steps
were taken, the applications was dismissed for default. Hence, the applications
were filed to set aside the order of dismissal and restoring the same before the
Executing Court. The Executing Court vide orders dated 02.03.2024 dismissed
the applications. Hence, the revisions.
5. Heard both sides and perused the materials placed on record.
6. The stand has taken by the father/first defendant in the written
statement admitting that the site belongs to the plaintiff and he was inducted as
a tenant in the suit property, after his death his son/second defendant contested
the matter upto Hon'ble Supreme Court in SLP.(C).No.8929 of 2012.
Therefore, once the decree has been passed and the stand of the father has been
also taken note, the decree is binding on the parties. The petitioners claiming to
be the children born through the first wife and the second wife of the first
defendant/father now cannot take a different stand particularly in the execution
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CRP.Nos.2185, 2187 & 2190 of 2024
stage by filing repeated applications one after another to delay the execution
proceedings. Therefore, this Court is of the view that order dismissing the
applications by the Executing Court does not require interference, even on
merits, Section 47 application filed by the petitioners has no legs to stand since
different stand cannot be taken at every stage of litigations.
7.Accordingly, this revisions stand dismissed. No costs. Consequently,
connected miscellaneous petition stands closed.
08.07.2025
dhk
Index : Yes / No
Internet: Yes
Speaking/non speaking order
To,
1. The Principal District Munsif
Principal District Munsif, Alandur
2. The Section Officer
VR Section, Madras High Court
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CRP.Nos.2185, 2187 & 2190 of 2024
N. SATHISH KUMAR, J.
dhk
CRP.Nos.2185, 2187 & 2190 of 2024
08.07.2025
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