A.Muniyandi v. Prathiba

WMP.No.42971 of 2025 in WP.No.35845 of 2025 V. LAKSHMINARAYANAN, J.

The petitioner herein had entered into an agreement of sale with the mother of the writ petitioner, namely, Pushparani. As she did not execute the sale deed in terms of the agreement, he filed a suit in O.S.No.81 of 1990 before the learned Subordinate Judge at Poonamallee. The said suit was decreed. Against the said judgment and decree, Pushparani filed an appeal in A.S.No.26 of 2000 before the learned Principal District Judge at Chengalpet. The appeal came to be dismissed on 14.08.2001. The successful decree holder preferred an execution petition in E.P.No.124 of 2005 for execution of the sale deed. The said petition was allowed and the execution petition was closed on 10.12.2012. Subsequently, he filed a petition for taking delivery of possession in E.A.No.137 of 2012. The learned Executing Judge ordered delivery on 26.06.2013. After the orders in petition for break open and police aid, REA.No.90 of 2013 and 91 of 2013 were allowed on 17.07.2013. The proposed party took delivery of possession on 26.07.2013.

2. The aforesaid facts show that the petitioner is a proper and necessary party to the writ petition. Accordingly, WMP stands allowed. The petitioner shall be arrayed as second respondent to the writ petition.

3. Post the writ petition immediately after admission on 17.12.2025.

15.12.2025 nl https://www.mhc.tn.gov.in/judis

V. LAKSHMINARAYANAN, J.

nl WMP.No.42971 of 2025 in WP.No.35845 of 2025 15.12.2025 https://www.mhc.tn.gov.in/judis