Madras High Court
Balakrishnan (Died) vs Karthikeyan on 12 June, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R.P(MD).Nos.698 of 2021 and 1489 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.06.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.(MD)Nos.698 of 2021 and 1489 of 2022
and
C.M.P.(MD).Nos.3821 of 2021 & 6251 of 2022
C.R.P(MD).No.698 of 2021
1.Balakrishnan (died)
2.B.Afrin
(second petitioner is brought on record as LR of the deceased sole petitioner
vide Court order dated 08.11.2024 made in CMP(MD).No.8880 of 2024 in
CRP(MD).No.698 of 2021 by GIJ)
...Petitioner
Vs.
Karthikeyan ... Respondent
PRAYER: Civil Revision Petition is filed under Section 115 of Code of Civil
Procedure, to call for the records and set aside the fair and decreetal order
dated 15.03.2021 in E.A.No.8 of 2020 in E.P.No.3 of 2019 in O.S.No.676 of
2010 on the file of the District Munsif cum Judicial Magistrate Court, Athoor
and allow this civil revision petition with costs.
For Petitioner : Mr.H.Lakshmi Shankar
For Respondent : Mr.J.Anandhakumar
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C.R.P(MD).Nos.698 of 2021 and 1489 of 2022
C.R.P(MD).No.1489 of 2022
Karthikeyan ...Petitioner
Vs.
1.M.S.Balakrishnan
2.Mahalingam
3.Sivakumar ... Respondents
PRAYER: Civil Revision Petition is filed under Section 115 of Code of Civil
Procedure, to call for the records relating to order and decreetal order dated
24.02.2022 passed in I.A.No.1 of 2020 in A.S.No.6 of 2017 on the file of the
learned Additional Subordinate Judge, Dindigul and set aside the same and
consequently allow the present civil revision petition.
For Petitioner : Mr.J.Anandkumar
For R1 : Mr.H.Lakshmi Shankar
COMMON ORDER
C.R.P(MD).No.698 of 2021 has been filed to set aside the fair and
decreetal order dated 15.03.2021 made in E.A.No.8 of 2020 in E.P.No.3 of
2019 in O.S.No.676 of 2010 on the file of the District Munsif cum Judicial
Magistrate Court, Athoor.
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C.R.P(MD).Nos.698 of 2021 and 1489 of 2022
2. C.R.P(MD).No.1489 of 2022 has been filed challenging the
decreetal order dated 24.02.2022 passed in I.A.No.1 of 2020 in A.S.No.6 of
2017 on the file of the learned Additional Subordinate Judge, Dindigul and
set aside the same.
3. The learned counsel appearing for the petitioner in C.R.P(MD).No.
698 of 2021 would submit that O.S.No.676 of 2010 was filed by
M.S.Balakrishnan before the Additional District Munsif Court, Dindigul, for
redemption of property and to revoke the mortgage deed, which was
executed by Subramaniapillai, father of the said Balakrishnan, in favour of
one Panchavarnam for a sum of Rs.10,000/-. It is pertinent to note that the
said Panchavarnam made over to one Ochammal, who died on 01.04.2000,
leaving behind her legal heirs, who are the defendants in O.S.No.676 of
2010. The said suit was decreed on 08.11.2016 in favour of the plaintiff.
Against which, the defendants filed A.S.No.6 of 2017 before the Additional
Subordinate Court, Dindigul and the same was dismissed for default. In the
meantime, the plaintiff filed E.P.No.137 of 2016 in O.S.No.676 of 2010 and
the same was transferred to the file of the District Munsif cum Judicial
Magistrate Court, Athoor and renumbered as E.P.No.3 of 2019. Thereafter,
delivery was ordered on 18.02.2020 and the same was effected on
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C.R.P(MD).Nos.698 of 2021 and 1489 of 2022
11.12.2020, in which, the first defendant filed E.A.No.8 of 2020 and the
same was allowed. Aggrieved over the same, the plaintiff in O.S.No.676 of
2010 filed C.R.P(MD).No.698 of 2021.
4. The learned counsel appearing for the respondent in C.R.P(MD).No.
698 of 2021 would submit that as against the dismissal order of the appeal
suit filed by him/first defendant in O.S.No.676 of 2010, he filed I.A.No.1 of
2020 with the delay of 236 days and the same was also dismissed vide order
dated 24.02.2022. Aggrieved over the same, he filed C.R.P(MD).No.1489 of
2022. He has also filed O.S.No.719 of 2023 seeking for a sum of
Rs.1,09,150/- from the plaintiff, on the file of the Sub Court, Dindigul, which
is still pending.
5. He would further submit that the respondent himself appears before
this Court and he agreed to receive a sum of Rs.10,000/- with interest 12%
and total amount as on date comes to Rs.60,000/-. He further submitted that
if Rs.60,000/- is paid by the legal heir of Balakrishnan, the respondent will
not interfere with the suit property.
6. In view of the above, since delivery was ordered in favour of the
petitioner in C.R.P.(MD)No.698 of 2021 / plaintiff, the possession of the
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C.R.P(MD).Nos.698 of 2021 and 1489 of 2022
plaintiff is confirmed. It is reported that already Rs.10,000/- was deposited
by the petitioner before the Court below and remaining Rs.50,000/- is
directed to be paid by way of demand draft directly to Karthikeyan / first
defendant in the suit within a period of two weeks from the date of receipt of
a copy of this order. Further, liberty is granted to the judgment debtor /
Karthikeyan to withdraw a sum of Rs.10,000/- with accrued interest.
7. In view of the settlement arrived between the parties in this case, the
suit in O.S.No.719 of 2023 on the file of the Subordinate Court, Dindigul, is
hereby struck off. Both Civil Revision Petitions are disposed of with the
aforesaid terms. No costs. Consequently, connected Miscellaneous Petitions
are closed.
12.06.2025
NCC:Yes/No
Index:Yes/No
Rmk
To:-
1.The District Munsif cum Judicial Magistrate, Athoor.
2.The Additional Subordinate Judge, Dindigul.
3.The Subordinate Court, Dindigul.
4.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
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C.R.P(MD).Nos.698 of 2021 and 1489 of 2022
M.DHANDAPANI, J.
Rmk
C.R.P.(MD)Nos.698 of 2021 and 1489 of 2022
12.06.2025
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