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Madras High CourtCRP(MD)/2297/2025disposed of

Rajeswari v. V.Ramu

2025-08-22Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and CMP(MD) No. 13754 of 2025 Rajeswari

...Petitioners

Vs.

1.V.Ramu 2.V.Durairaj 3.The District Collector, District Collectorate, Trichy Main Road, Thanjavur 4.The Tahsildar, Thanjavur Taluk Office, Old Court Road, Thanjavur Town, Thanjavur.

5.Rengasamy

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Consititution of India to direct the learned I Additional Sub Judge, Thanjavur to take on file the unnumbered E.A. No. of 2025 in E.P.No. 352 of 2024 in O.S. No 67 of 2010 on 1/5

the file of the learned I Additional Sub Judge, Thanjavur and to decide the same on merits, in accordance with law within the time frame fixed by this Court. For Petitioner : Mr.R. Rajaraman For R3 & R4 : Mr. B.Saravanan Additional Government Pleader

ORDER

This petition has been filed seeking a direction to the I Additional Sub Court, Thanjavur to take on the case on file in an unnumbered E.A. No. of 2025 in E.P.No. 352 of 2024 in O.S. No 67 of 2010 and to decide the same on merits, in accordance with law within the time frame fixed by this Court.

2. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

3. The first respondent herein filed a suit in O.S.No.67 of 2010 before the learned I Additional Sub Judge, Thanjavur, against respondents 2 to 5 seeking declaration, recovery of possession, and mandatory injunction. The said suit was decreed in favour of the first respondent on 26.07.2013. Pursuant to the decree, the first respondent filed E.P.No.352 of 2024 before the learned Additional Sub Judge, Thanjavur, seeking delivery of possession of the "B" Schedule property, and the same was ordered on 19.07.2025. Subsequently, the petitioner, who is a third party to the said suit, filed an unnumbered Execution 2/5

Application before the learned Additional Sub Judge, Thanjavur, on 04.07.2025, seeking determination of his claim over the property referred to in the execution petition. However, the trial Court, without properly considering the facts, returned the said application without even numbering it. Challenging the same, the present petition has been filed.

4. The learned counsel for the petitioner submits that this Court may issue a direction to the trial Court to take on file and number the said Execution Application in E.P.No.352 of 2024 in O.S.No.67 of 2010.

5. In view of the above, the trial Court is directed to number the Execution Application of the year 2025 in E.P.No.352 of 2024 in O.S.No.67 of 2010, if it is otherwise in order, and dispose of the same on merits and in accordance with law as expeditiously as possible.

6. Accordingly, the Civil Revision Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 22.08.2025 Internet:Yes/No Index:Yes/No TSG Note : Registry is directed to return the original document after retaining the copy of the same in the Court record.

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To

1. I-Additional Sub Judge, Thanjavur 2.The District Collector, District Collectorate, Trichy Main Road, Thanjavur 3.The Tahsildar, Thanjavur Taluk Office, Old Court Road, Thanjavur Town, Thanjavur.

4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG 22.08.2025 5/5