Madras High CourtSA(MD)/751/2007dismissed for default

Vibhishnan, (Died) v. Thangavel

2022-09-23Honourable Mr Justice N. Seshasayee3 pages

S.A(MD) No.751 of 2007 and C.R.P(MD) No.603 of 2005 N.MALA, J.

The matter has been listed under the caption "for clarification".

2. This Court, by order, dated 28.03.2025 disposed of the Civil Revision Petition by remitting the matter to the Execution Court to reissue the Commissioner warrant to the very same Commissioner, if available and if not, to a new Commissioner with a further direction to ascertain the subdivisions available on the land with reference to the final decree.

3. The learned Principal District Munsif (FAC), Karur, has addressed a communication dated 10.12.2025 stating that E.P.No.137 of 2004 has since been transferred to the file of the Principal Sub Court, Karur and renumbered as E.P.No.83 of 2000 and therefore, he is unable to comply with the directions issued by this Court. Hence, clarification has been sought.

4. A perusal of the earlier order of this Court would show that the direction was issued to the "Execution Court" without specifying any particular Court. Therefore, whichever Court is presently seized of the execution proceedings is bound to comply with the directions issued by this Court.

5. Accordingly, the Principal Sub Court, Karur, where, E.P.No.83 of 2000 is presently pending, shall comply with the directions issued by this Court in CRP(MD) No.603 of 2005, dated 28.03.2025. Thus, this matter is clarified.

16.02.2026 Indu To The Principal Sub Court, Karur.

Note: Registry is directed to return the original documents within a period of ten days and also to amend the decree in the Second Appeal.

N.MALA, J.

Indu S.A(MD) No.751 of 2007 and C.R.P(MD) No.603 of 2005 16.02.2026