Renukavathi v. Rajeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.2227 of 2016 & C.M.P.No.11562 of 2016 Renukavathi ... Petitioner vs Rajeswari ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order passed in E.P.No.24/2015 in O.S.No.108/2002 dated 10.06.2016 on the file of District Munsif, Sirkali. For Petitioner :

Mr.S.Sounthar For Respondent :

No Appearance *****

O R D E R

This revision challenges the order of learned District Munsif, Sirkali passed in E.P.No.24/2015 in O.S.No.108 of 2002 dated 10.06.2016.

2. The respondent has moved O.S.No.108 of 2002 on the file........ and obtained a decree in her favour requiring the petitioner to remove the sunshade of the first floor of her building. The respondent/plaintiff put the decree into execution. The petitioner raised objection for execution in E.P.No.24 of 2015 and the dismissal

C.T.SELVAM, J kpr of the said E.P.No.24 of 2015 under orders dated 10.06.2016 has given rise to this revision.

3. Heard learned counsel for petitioner.

4. It is the submission of learned counsel for petitioner that the petitioner/judgment debtor does not have a sunshade on the first floor, there being only a balcony at such level. In answer to query of this Court, learned counsel would submit that decree in favour of the respondent stands confirmed up to the stage of the Second Appeal. The contention presently raised has not been canvassed.

In the circumstances, this court finds no reason to interfere with the order of dismissal. Civil revision petition is dismissed. No costs. Connected miscellaneous petition is closed.

11.08.2016 Internet:yes To The District Munsif, Sirkali Civil Revision Petition (PD) No.2227 of 2016