Madras High CourtCRP(MD)/176/2020dismissed

V. Prema, v. Nirmala Devi @ Thayar,

2020-01-31Honourable Mr Justice N. Sathish Kumar2 pages

C.R.P(MD)No.176 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P(MD)No.176 of 2020 and C.M.P.(MD)No.1019 of 2020 1.V.Prema 2.V.Krishnan 3.V.Paulraj @ Balaji ...Petitioners / Respondents / Defendants -Vs1.Nirmala Devi @ Thayar 2.Baby 3.Santha

...Respondents / Petitioners / Plaintiffs

PRAYER: Civil Revision Petition is filed under Section 115 of Code of Civil Procedure, praying to set aside the fair order and executable order passed in E.P.No.199 of 2010 in O.S.No.469 of 2004, dated 21.01.2020 on the file of the Principal District Munsif, Madurai Town and thereby dismiss the execution petition. For Petitioners : Mr.S.Manohar

ORDER

This Civil Revision Petition has been filed against the order of the trial Court in ordering delivery of the suit property based on the decree and judgment passed in O.S.No.469 of 2004, dated 28.11.2008.

2.The suit in O.S.No.469 of 2004 was originally filed for declaration and recovery of possession and the same was decreed on 28.11.2008. It appears that an application filed by the revision petitioners to condone the delay in filing the appeal to set aside the ex-parte decree, has dismissed by the trial Court and it was confirmed by this Court in C.R.P.(MD)No.919 of 2018 and C.M.P.(MD) No.4034 of 2018, dated 20.12.2018 and the decree is also reached finality. At this stage, an application has been filed for delivery of the order, which was resisted by the revision petitioners herein on the ground that they are challenging the order of the High Court. The trial Court has rightly noted that no evidence is produced to show that the above orders have been challenged and hence, passed an order for delivery. Against which, the present Civil Revision Petition is filed. 3.Heard the learned counsel appearing for the petitioners and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.176 of 2020 4.When the decree is reached finality and there are no materials to show that the revision petitioners have challenged the order of this Court, dismissing the application to condone the delay in filing an appeal to set aside such ex-parte decree, the trial Court in fact has no other option, except to execute the decree as per the decree and judgment. Therefore, I do not find any infirmity or illegality in the order passed by the trial Court. Accordingly, this Civil Revision Petition lacks merits. 5.In the result, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr To 1.The Principal District Munsif, Madurai Town.

2.The Section Officer,-2 copies V.R. Records, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.MANOHAR, Advocate ( SR-4496[F] dated 03/02/2020 ) C.R.P(MD)No.176 of 2020 31.01.2020 KM/(13.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2