Madras High CourtCRP(MD)/2060/2019disposed of

Phanuvel v. Chellammal (Died)

2019-11-18Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(MD).Nos.2060 and 2061 of 2019 and in C.R.P.(MD).No.2060 of 2019 1.Phanuvel 2.Loy Rabooni 3.Sobitha Raj 4.Suraj Emmanuel 5.Laila Kumari 6.Prem Kumar 7.Rajkumar ... Petitioners / Petitioners Respondents 9-11, 13-16 Vs.

Chellammal(Died) 1.K.M.Robert Samraj 2.S.M.Selvin Lal 3.K.M.Vijayakumar 4.M.C.Joylet Dawson 5.K.M.Jayachandra 6.Binny Dawson 7.Binita Caroline ... Respondents 1-7/Respondents 2-6,8,9/Petitioners 2-6,8,9 Gabriel(Died) Harris(Died) Kadaksham(Died) M.B.Sam(Died) Thiyaphilose(Died) J.H.Thompson(Died) 8.Robertson Rajappa 9.Justin 10.T.Harris Jebakumar 11.T.Latha 12.T.Sutha 13.Deva Buela 14.Subina 15.Femina Rose 16.Sharmila Rose 17.Jenisha Rose ... Respondents 8-17 / Respondents 8,12,18-25/Respondents 8,12,18-25 1/3

COMMON PRAYER: Civil Revision Petitions filed under Section 117 of the Civil Procedure Code, to set aside the fair and decreetal order dated 21.10.2019 passed in E.A.Nos.4 and 5 of 2019 in E.P.No.104 of 2011 in O.S.No.403 of 1961 on the file of the Principal District Munsif Court, Kuzhithurai and allow the civil revision petitions. For Petitioners in both C.R.Ps : M/s.J.Anandavalli For Respondents in both C.R.Ps : M/s.T.Jeen Joseph COMMON ORDER These Civil Revision Petitions are filed challenging the order, dated 21.10.2019 passed in E.A.Nos.4 and 5 of 2019 in E.P.No.104 of 2011 in O.S.No.403 of 1961, on the file of the Principal District Munsif Court, Kuzhithurai.

2.The learned counsel appearing for the revision petitioners submitted that the revision petitioners have filed a suit in O.S.No.5 of 2016 for partition, whereas, according to the revision petitioner, the suit scheduled property in E.P.No.104 of 2011 is one and the same as that of the property in O.S.No.5 of 2016. In such circumstances, if any order is passed in E.P.No.104 of 2011, it will affect the revision petitioners' right over the property in question in O.S.No.5 of 2016.

3.The learned counsel appearing for the respondents fairly submitted that it would suffice, if appropriate direction may be issued to the Court below to dispose of the suit as expeditiously as possible, preferably within a period of four months. He further submitted that in the mean while, the execution proceedings may be stayed.

4.Heard the learned counsel appearing for the revision petitioners and the learned counsel appearing for the respondents. 5.In view of the above, without going into the merits of the case, since the suit in O.S.No.5 of 2016 is pending in the year 2016, this Court directs the Court below to dispose of the said suit within a period of four months from the date of receipt of a copy of this order. In the meanwhile, there shall be an order of stay of E.P.No.104 of 2011.

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6.With the above directions, these Civil Revision Petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) Ns To The Principal Sub Ordinate Court, Thiruchirappalli.

+1 cc Mr. T.JEEN JOSEPH ,Advocate, SR.No. 99459 +2 cc Mr. J.ANANDHAVALLI ,Advocate, SR.No. 99157 C.R.P.(MD).Nos.2060 and 2061 of 2019 and in C.R.P.(MD).No.2060 of 2019 KK/SAR/06.12.2019/3P-5C/ 3/3