G.Baby v. Rajammal (Deceased), 1. N.J.Raju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI G.Baby Petitioner(s) Vs Rajammal (Deceased)

1. N.J.Raju 2.Rajeshwari 3.N.R.Rajendran 4.N.R.Padmavathy Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to issue necessary direction to either to the Hon'ble Subordinate Court of the Nilgiris at Coonoor to accept the execution petition and proceed with the E.P. or direct the Honble District Court of The Nilgiris at Udhagamandalam to accept and number the E.P.R.SR.No.448 of (ATN20220001873C202500023) and proceed with the E.P. For Petitioner(s):

Mr.A.Loba Mudra

ORDER

Mr.A.Loba Mudra, learned counsel for the petitioner.

2. The grievance of the petitioner is that despite a direction of the Hon'ble Supreme Court in a Special Lok Adalat, a settlement was arrived at between the parties, and the petitioner was directed to deposit a sum of Rs.1,10,00,000/- to the credit of the Suit before the Subordinate Judge of Nilgiris and the same was also been complied with. However, the Execution Petition is being returned on the ground of lack of Pecuniary Jurisdiction. The petitioner thereafter approached the District Court, Nilgiris, Udhagamandalam and the said Court has also returned the application with a direction to represent the same before the proper Court. Therefore, the petitioner has approached this Court, seeking appropriate relief since none of the Courts are entertaining the Execution Petition, despite the matter having attained finality before the Hon'ble Supreme Court.

3. The Suit having been instituted before the Subordinate Judge of the Nilgiris, Coonoor, the Court is not ceased of jurisdiction to entertain the Execution Petition, despite the fact that before the Hon'ble Supreme Court, a settlement was reached between the parties and the amount of Rs.1,10,00,000/- was directed to be deposited. It does not in any way affect the pecuniary

jurisdiction of the Executing Court to execute the sale deed as agreed between the parties and also recorded before the Hon'ble Supreme Court by way of Special Lok Adalat.

4. In the light of the above, this Civil Revision Petition is allowed with the following directions:

(i) Registry shall return the original Execution Petition to the leaned counsel for the petitioner to enable representation before the Sub Court, Nilgiris at Coonoor.

(ii) Upon such representation, the Sub Court, Nilgiris at Coonoor shall entertain the Execution Petition and number the same, within a period of two weeks thereafter. After ascertaining the consent of the respondents, the Court shall proceed to execute the sale deed as recorded in the compromise memo, which is also been given in the serial of approval before the Hon'ble Supreme Court of India.

(iii) No costs.

24-02-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Subordinate Judge of Udhagamandalam.

P.B.BALAJI J.

jd 24-02-2026