Madras High Court
Venkatesan vs V.Amudha on 6 June, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
C.R.P.No.3826 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
C.R.P.No.3826 of 2024
and
C.M.P.No.20999 of 2024
1.Venkatesan
2.Krishnaveni ... Petitioners
Vs.
V.Amudha ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India against the docket order of delivery dated 06.09.2024
passed in E.P.No.102 of 2016 in O.S.No.493 of 2008 on the file of the
Principal District Court at Chengalpattu.
For Petitioners : Mr.N.Krishnamurthy
For Respondent : Mr.C.Prabakaran
ORDER
Challenging the order of the Principal District Court at Chengalpattu,
dated 06.09.2024, in E.P.No.102 of 2016 in O.S.No.493 of 2008, ordering
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delivery of possession of the subject property, the present revision has been
filed.
2.Originally, the suit in O.S.No.493 of 2008 was filed by the
respondent for declaration of title and delivery of possession. The suit was
decreed ex parte on 02.03.2010. The respondent/decree holder filed the
Execution Petition in E.P.No.102 of 2016 and the Execution Court ordered
delivery by impugned order dated 06.09.2024. Challenging the same, the
present revision has been filed by the judgment debtors.
3.Learned counsel for the revision petitioners/judgment debtors
would mainly submit that the ex parte judgment in the suit in O.S.No.493 of
2008 is a single line order and the judgment and decree in the suit has
already been challenged by them in a separate suit in O.S.No.162 of 2017
before the same Court and also with a prayer for declaration of title in
respect of the same property. Though the suit filed by the revision
petitioners was originally rejected by the trial Court by order dated
22.07.2024, the revision petitioners filed an appeal in A.S.No.1114 of 2024,
and this Court, by judgment dated 26.03.2025, set aside the decree and
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judgment of the trial Court in O.S.No.162 of 2017, and directed the trial
Court to dispose of the suit within a period of six months from the date of
receipt of a copy of the order. Now, the suit is pending before the trial
Court. Therefore, the learned counsel would submit that, if delivery is
effected at this stage, it will lead to complications. Hence, he prayed for
setting aside the order of delivery.
4.Whereas, the only grievance of the learned counsel appearing for
the respondent is that, on the strength of the judgment of this Court in
A.S.No.1114 of 2024, the revision petitioner is trying to put up construction
and also trying to alienate the property.
5.Heard the learned counsel on either side and perused the entire
materials available on record.
6.Since the only concern is with regard to the alienation and
construction over the property, this Court is of the view that, as the matter is
now pending before the trial Court, the revision petitioner shall not make
any alienation or put up any further construction and let the property be
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maintained as it is. The rights of the parties will be decided by the trial
Court in the suit in O.S.No.162 of 2017 filed by the revision petitioners. In
order to protect the interest of the parties, the execution proceedings in
E.P.No.102 of 2016 in O.S.No.493 of 2008 shall stand terminated for the
present and the same will be revived subject to the result of the suit in
O.S.No.162 of 2017 pending before the trial Court.
7.With the above directions, this Civil Revision Petition is disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
06.06.2025
mkn
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
Neutral Citation : Yes / No
To
The Principal District Judge,
Chengalpattu.
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N. SATHISH KUMAR, J.
mkn
06.06.2025
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