Madras High CourtCMP(MD)/13442/2024ordered

Vincent George v. Valliyammal @ Thankam (Died), Ulagammal (Died) 1) Saraswathi

2024-10-18Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighteenth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in C.R.P(MD)Nos. 2366 & 2367 of 2024 VINCENT GEORGE ... PETITIONER/10TH DEFENDANT IN BOTH CRP's Vs VALLIYAMMAL @ THANKAM (DIED) ... DECEASED 1ST PLAINTIFF ULAGAMMAL (DIED) ... DECEASED 2ND PLAINTIFF (CAUSE TITLE IS ACCEPTED VIDE COURT ORDER DATED 23.09.2024 MADE IN CMP(MD)NO.13170 OF 2024 IN CRP(MD)SR.NO.65460 OF 2024 BY SSYJ) 1 SARASWATHI ... 1ST RESPONDENT/3RD PLAINTIFF RAJAMMAL (DIED) ... DECEASED 4TH PLAINTIFF BHAGAVATHI PERUMAL (DIED) ... DECEASED 5TH PLAINTIFF 2 SUNDER RAJ 3 NARAYANA KRISHNAN 4 DURAIRAJ ... RESPONDENTS 2 TO 4/PLAINTIFFS 6 TO 8 1/5

5 R.SIVANANDI 6 R.SUBRAMANIYAN 7 R.KRISHNAVENI ... RESPONDENTS 5 TO 7 /LR's OF THE DECEASED 2ND PLAINTIFF 8 B.SUBASH 9 B.MANIKANDAN 10 B.SATHEESH ... RESPONDENTS 8 TO 10 /LR's OF DECEASED 5TH PLAINTIFF PARADESI @ ABDHUL AZEEZ ... DECEASED 1ST DEFENDANT 11 IYAPPAN @ KUMAR 12 SATHEESH @ NAGARAJAN 13 AMBIKA 14 BHAGAVATHEESWARAN 15 SARASWATHY @ MOHAMMED FATHIMA BEEVI 16 BRIGHT DARWIN 17 SAROJA ... RESPONDENTS 11 TO 17/DEFENDANTS 2 TO 8 GOPALAN ASSARI (DIED) ... DECEASED 9TH DEFENDANT 18 RAMANI 19 KASTHURI 20 VASANTHA 21 JAIYANTHA KUMAR 22 MANI 23 KRISHNA KUMAR ... RESPONDENTS 18 TO 22 /LR's OF DECEASED 1ST DEFENDANT 24 M.BHAGAVATHI AMMAL 25 B.SUNITHA 26 G.PRATHEEP ... RESPONDENTS 22 TO 26 /LR's OF DECEASED 9TH DEFENDANT IN BOTH CRP's (NOTICE TO RESPONDENTS 5 TO 26 MAY BE DISPENSED WITH) Prayer in CMP(MD). 13442/ 2024 in CRP(MD).2366/2024 : To Stay all further proceedings in O.S.No.03 of 2004, on the file of the Addtional 2/5

District Munsif Court, Eraniel,pending disposal of the above Civil Revision Petition. Prayer in CRP(MD).2366/2024 :

To set aside the Judgment and Decree passed in O.S.No.03 of 2004, on the file of the Additional District Munsif Court, Eraniel dated 31.10.2014, by allowing this Civil Revision Petition.

Prayer in CRP(MD). 2367/ 2024 :

To set aside the Judgment and Decree passed in I.A.No.177 of 2015 O.S.No.03 of 2004, on the file of the Additional District Munsif Court, Eraniel dated 19.09.2022, by allowing this Civil Revision Petition.

COMMON ORDER : These Civil Miscellaneous Petition & Civil Revision Petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.JESSI JEEVA PRIYA, Advocate for the petitioner in both CRP's and of Mr.S.SURESH KUMAR, Advocate for the Respondents No.3 & 4 in both CRP's, the court made the following order:- This Court had granted interim stay dated 30.09.2024 based on the submission of the Learned Counsel appearing for the revision petitioner, wherein it was submitted that the delivery of property was ordered, but the respondents have not taken any possession.

2. Today, when the matter is taken up for hearing, the Learned Counsel appearing for the respondents 3 & 4 submitted that possession was taken and the possession was already handed over to them through Amina. And relied on the report of the Amina and the report states that "the possession was handed over on 23.08.2024 and warrant was also returned, since delivery was already effected, the Execution proceedings may be terminated".

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3. But the revision petitioner submitted that it is only a symbolic possession, since still they are holding the physical possession with them. The Learned Counsel further submitted that the respondents have played fraud on the Court. Infact the present Civil Revision Petition was filed under Article 227 of the Constitution of India and this Court is having ample power to interfere if fraud is committed.

4. Considering the facts of this case and the arguments of the counsels on the either side, the interim stay granted on 30.09.2024 is made absolute. The respondents are restrained from interfering with the physical possession of the revision petitioners until disposal of the Civil Revision Petition.

5. Post the matter on 25.10.2024.

sd/- 18/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA TO THE ADDITIONAL DISTRICT MUNSIF, ERANIEL.

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ORDER

IN in C.R.P(MD)Nos. 2366 & 2367 of 2024 Date :18/10/2024 SA/MMS/SAR. /22.10.2024/5P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5