Alameluammal vs Dahvamani
2025 Latest Caselaw 8303 Mad

Madras High Court

Alameluammal vs Dahvamani on 3 November, 2025

                                                                   CRP No.2709 of 2025
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                             DATED: 03-11-2025
                                                 CORAM
                                   THE HONOURABLE MR.JUSTICE P.B. BALAJI


                                    CRP No.2709 of 2025 and CMP No.15349 of 2025


                  Alameluammal                                                             ...Petitioner

                                                                  Vs

                  Dahvamani                                                                .. Respondent


                            Revision filed under Section 115 of Civil Procedure Code to set aside

                  the order of the District Munsif cum Judicial Magistrate, Portonova dated

                  30.04.2025 in E.A.No.1 of 2024 in E.P.No.7 of 2022 in O.S.No.181 of 1996.

                                    For Petitioner       : Mr.V.Neethidurai

                                    For Respondent       : Ms.S.Janani
                                                           For Mr.R.Rajavelavan


                                                             ORDER

The learned counsel for the respondent states that the order dated

09.10.2025 could not been given effect to.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 09:30:41 pm )

2. However, the learned counsel for the petitioner states that since the

order under challenge in the present revision is the order in E.A.No.1 of

2024, in and where by, the respondent sought for an amendment of the

property description in the execution petition, learned counsel states that the

amendment pertains to inclusion of the other properties of the judgment

debtor. Now, the judgment debtor is willing to let the respondent identify the

property and take over the possession viz., Item No.1 of the suit schedule

property and there is no necessity for inclusion of other properties.

3. In the light of the earlier order dated 09.10.2025 as well this

revision itself can be disposed of by setting aside the order in EA No.1 of

2024.

4. Accordingly, the order passed by the District Munsif cum Judicial

Magistrate, Portonova in EP No.1 of 2024 in EP No.7 of 2022 in O.S.No.181

of 1996 dated 30.04.2025 is set aside and the decree holder is directed to

proceed against Item No.1 of the suit schedule property alone after

identifying the property in the presence of Taluk Surveyor.

5. With the above direction, the civil revision petition is disposed of.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 09:30:41 pm ) The order dated 09.10.2025 shall form part of this final order. No costs.

Consequently, connected miscellaneous petition is closed.

03.11.2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr

To

The District Munsif cum Judicial Magistrate. Portonova

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 09:30:41 pm ) P.B.BALAJI.,J

sr

03.11.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/11/2025 09:30:41 pm )