S.K.Komarasamy (Died) v. Madhakkuravan (Died)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2023
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP S.K.Komarasamy (Died) 1.
Pongiammal 2.
Subramanian 3.
Shanmugam 4.
Velumani
...Petitioners
Vs.
Madhakkuravan (Died) Ramakkal (Died) Nanjappan (Died) 1.
Rathinambal 2.
Vasanthi 3.
Rajendiran @ Amirthalingam Nagarajan (Died) 4.
Kuppammal 5.
Nataraj 6.
Selvaraj 7.
S.N.Subramani 8.
Duraisamy Saminathan (Died) 1/7
9.
Nagalakshmi 10.
Mahesh Kumar 11.
Lalitha 12.
Raghupathy Shanmugam (Died) 13.
Padma 14.
Saravanakumar 15.
Suresh 16.
Maaraal Rajamani (Died) 17.
Kalavathi 18.
Valliammal @ Rasathi 19.
Kuyilal @ Kamalam 20.
Karungkutty @ Sarasu Kaliammal (Died) Balasubramaniam (Died) 21.
Soundari 22.
Selvaraj 23.
Somu Karuppayal (Died) 24.
Sellayammal 25.
P.T.Subramaniyan 26.
Senthamilselvan 27.
Ponnusamy
...Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to issue direction to the learned District Munsif Court, Sathyamangalam to dispose of the E.P.No.33 of 1987 on the file of the Ld. District Munsif Court, Sathyamangalam (E.P.No.106 of 1982) in O.S.No.1897 of 1981 (Ld. DMC, Gobi) within the time frame fixed by this 2/7
Hon'ble Court.
For Petitioners : Mr.N.Manoharan
ORDER
The present Civil Revision Petition has been filed under Article 227 of the Constitution of India, seeking execution of the decree made in O.S.No.1879 of 1981.
2. Learned Counsel for the Petitioners submitted that, the Suit in O.S.No.447 of 1996 on the file of the Learned District Munsif Court, Sathyamangalam was filed by the legal heirs of one Perumal Gounder as against the decree holder in O.S.No.1879 of 1981 namely, S.K.Komarasamy Gounder, for declaration and permanent injunction, based on the Sale Agreement entered into between one Madhakkuavan and their father Perumal Gounder and the same was dismissed on 09.08.2000. Aggrieved by the said dismissal order, the plaintiffs in O.S.No.447 of 1996 filed an Appeal in A.S.No.48 of 2000 before the Sub Court, Gobichettipalayam and the same was allowed as per judgment and decree dated 16.08.2001.
3. He further submitted that, aggrieved by the above said Judgment 3/7
dated 16.08.2001, the said S.K.Komarasamy Gounder, filed a Second Appeal in S.A.No.425 of 2002 and the said Second Appeal was allowed by this Court, as per judgment dated 21.12.2017, confirming the decree passed in O.S.No.447 of 1996. Aggrieved by the said judgment dated 21.12.2017, the Plaintiffs in the Suit in O.S.No.447 of 1996, who are the respondents in the Second Appeal in S.A.No.425 of 2002 preferred SLP Civil No.21628 of 2018 before the Hon'ble Supreme Court and the same was als dismissed as per order dated 04.09.2018.
4. Therefore, the judgment dated 21.12.2017 passed by this Court in S.A.No.425 of 2002, confirming the decree dated 09.08.2000 passed by the Learned District Munsif, Sathyamangalam in O.S.No.447 of 1996 had attained finality. Therefore, the Execution Petition in E.P.No.33 of 1987 has to be disposed of. However, till date, the learned District Munsif, Sathyamangalam had not disposed of the above said Execution Petition, despite the decree holder furnishing all the copies of the judgment and decree. Hence, the petitioners have approached this Court by way of filing this Civil Revision Petition under Article 227 of the Constitution of India, 4/7
seeking issuance of direction to the learned District Munsif, Sathyamangalam to dispose of the E.P.No.33 of 1987.
5. In the light of the decree dated 09.08.2000 made in O.S.No.447 of 1996 and the judgment and decree dated 21.12.2017 made in S.A.No.425 of 2002, which was also confirmed up to the level of Hon'ble Supreme Court, this Court, issues direction to the Learned District Munsif, Sathyamangalam to dispose of the Execution Petition in E.P.No.33 of 1987 within a period of one month from the date of receipt of a copy of this order and report compliance before this Court.
6. Accordingly, this Civil Revision Petition stands allowed. No costs. 08.02.2023 skt Index : Yes / No Internet : Yes / No To The District Munsif Court, 5/7
Sathyamangalam.
SATHI KUMAR SUKUMARA KURUP., J.
skt 6/7
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