M.Nallathambi v. K.Bharathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Nallathambi

...Petitioner/Petitioner/Plaintiff

Vs.

1.K.Bharathi 2.R.Panchavarnam

...Respondents/Respondents/Defendants

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Additional District and Sessions Court Judge, Dindigul to take the petition in unnumbered E.P of 2023 in O.S.No.141 of 2019 pending in fiel No.6242 dated 01.06.2023 on the file of the Additional District and Sessions Court, Dindigul and number it and also decide the same on merits in accordance with law within the time frame fixed by this Court. For Petitioner : Mr.I.Robert Chandra Kumar

O R D E R

This revision is filed seeking a direction to the learned the Additional District and Sessions Court Judge, Dindigul to take the petition in unnumbered E.P of 2023 in O.S.No.141 of 2019 pending in file No.6242 dated 01.06.2023 on the file of the 1/4

Additional District and Sessions Court, Dindigul and number it and also decide the same on merits in accordance with law within the time frame fixed by this Court.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. Execution Petition was filed on the basis of the compromise decree passed by the trial court and that came to be returned by the trial court stating that there is mis-discrepancy of the property.

4. The learned counsel for the petitioner would submit that the decree was registered before the concerned authority properly and the concerned authority committed a mistake in mentioning the survey number. According to him, the abovesaid mistake was not committed by him.

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5. Whatever may be, the mistake has been committed by the concerned Department. So, the petitioner shall approach the concerned Department for rectifying the mistake for mentioning the correct survey number. Thereafter, the petitioner can very well approach the concerned court by re-presentation. On re-presentation with correct survey number, the concerned court shall process the petition and decide it on merits and in accordance with law.

6. With the above liberty, this Civil Revision Petition is disposed of. No costs.

28.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To

1. The Additional District and Sessions Court, Dindigul 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court,Madurai. 3/4

G. ILANGOVAN, J.

CM 28.03.2024 4/4