Madras High Court
Sreekumari vs Selvi ... 1St on 6 June, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
CRP(MD). No.965 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06/06/2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRP (MD). No.965 of 2025
and CMP(MD) No.5150 of 2025
1. Sreekumari,
2. G.S.Vinoth,
3. G.S.Manoj,
4. G.S.Santhosh,
5. G.S.Anubama ... Petitioners/
LRs of 2nd defendant
Vs
1. Selvi ... 1st respondent/
3rd plaintiff
Kaliyani Pillai (Died).
2. Vasudevan Pillai,
3. Indira Amma,
4. Vilasani,
5. Pankajam,
1/7
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CRP(MD). No.965 of 2025
6. Raveendran,
7. Latha Kumari,
8. Shaji, ... Respondents2-8/
Plaintiffs 2 & 4 to 9
9. Vasumathi Amma
Gopalakrishnan Nair (died)
Krishna Pillai (died)
10. Ammukutty Amma,
11. Sahadevan Panicker,
Chempakakutty Pillai (died)
12. Chellappan Nadar,
13. Thankappan Nadar ... Respondents 9-13/
Defendants 1,4,5,7,8
14. Lekshmi Pillai,
Nephew of Krishna Pillai,
15. Appukuttan Nair,, ... Respondents 14&15
LRs of 9th defendant
Thankappan Pillai (Died).
16. Raghavan @ Reghuvaran Nair, ... 16th respondent/
12th defendant
17. Lalitha
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CRP(MD). No.965 of 2025
18. Surekha
19. Sujithra
20. Iswariya ... Respondents 17-20
LRs of 11th defendant
PRAYER :-Civil Revision Petition filed under Section 115 of Civil
Procedure Code, to set aside the delivery order dated 12.03.2025 passed
in EP No.15 of 2024 in OS No.1516 of 1969 on the file of the Principal
District Munsif Court, Kuzhithurai.
For Petitioners : Ms.J.Anandhavalli
For Respondents : Mr.V.Meenakshi Sundaram for R1
No appearance for R3,7,8,11,16 to 20
ORDER
The civil revision petition is filed against the order dated
12.03.2025 passed in EP No.15 of 2024 in OS No.1516 of 1969 on the
file of the Principal District Munsif Court, Kuzhithurai.
2. The learned counsel for the petitioner would submit that the
petitioners are the legal heirs of the 2nd defendant in OS No.1516/1969
and final decree was passed on 27.03.2024 against which, the petitioner
preferred an appeal before the lower appellate Court in AS No.9/2025 on
the file of the Sub Court, Kuzhithurai. In the meanwhile, immediately
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after the final decree, the respondents/plaintiffs filed an execution
petition in EP No.15/2024 and exparte delivery was ordered, against
which, the petitioner preferred EA No.2/2025 for stay till the order is
made ready, however, the said petition is adjourned to 28.03.2025. The
appeal is yet to be numbered. Challenging the said exparte delivery, the
petitioners are before this Court.
3. The learned counsel for the petitioners would submit that the
petitioners are aggrieved by the exparte delivery passed by the trial
Court, wherein, delivery of possession was confirmed. The petitioners
have also filed an appeal against the said judgment and decree and the
appeal is yet to be numbered and if the order is not interfered with, there
is irreparable loss to be faced by the petitioners and on the sole ground,
prays for interference.
4. The learned counsel for the 1st respondent would submit that this
Court may issue a direction to the appellate Court to dispose of the
appeal suit and till disposal of the appeal, the trial Court may be directed
to defer the EP.
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5. I have considered the rival submissions and perused the
materials available on record.
6. In view of the above, the lower appellate Court is directed to
dispose of the appeal suit within a period of six months from the date of
receipt of a copy of this order. In view of the order now passed by this
Court, EA No.2 of 2025 filed by the petitioner has become infructuous.
7. With the above direction, the civil revision petition is disposed
of. No costs. Consequently connected Miscellaneous Petition is closed.
06.06.2025
NCC : Yes/No
Index : Yes/No
RR
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TO
1.The Principal District Munsif Court, Kuzhithurai.
2.The Section Officer
VR Section
Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J
RR
ORDER
IN
Date : 06/06/2025
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