Madras High CourtCMP(MD)/17017/2025ordered

Bhagathsingh v. Rajagopal

2025-10-17Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU in CRP(MD)SR.No.90215 of 2025

1. Bhagathsingh,

2. Daniel Mohandass, ... Petitioners Vs

1. Rajagopal,

2. Sasi,

3. Soman,

4. Rangaswamy,

5. Mani,

6. Ramachandran,

7. Kumaraswamy,

8. Nagappan,

9. Janaki,

10. Murugan, 1/5

11. Chenthil Latha,

12. Chenthil Kumar,

13. Saroja,

14. Radhakrishnan Alias Ayyapan,,

15. Visalakshi,

16. Uma Maheswari,

17. Kamalam,

18. Vijayakumar,

19. Kamalakshi,

20. Rajan,

21. Ramesh,

22. Ramachandran,

23. Vilasini,

24. Vasanthi,

25. Murugan,

26. Lakshmi,

27. Satheesh,

28. Bharathi ... Respondents 2/5

PRAYER in CMP(MD). No.17017 of 2025 :- To Grant leave to the petitioners herein to file the above Civil Revision Petition before this Court.

PRAYER in CRP(MD)SR.No.90215 of 2025:- To set aside the fair and decreetal order dated 12.09.2025 passed in E.P.No.16 of 2022 in O.S.No.293 of 1968 on the file of the Principal District Munsif, Kuzhithurai and allow the present Civil Revision Petition.

For Petitioner : J.Anandhavalli, Advocate.

ORDER

Considering the fact that the petitioners have been benefited with the fair and decreetal order holding that the respondents would not be entitled to execute the decree in respect of the Resurvey No.D3/53/2 and D3/53/7, as the petitioners were declared to be the owners and found to be in possession of the property. Thereafter delivery has been ordered in the very same execution petition based upon the old survey numbers, without impleading the petitioners herein, hence the leave as prayed for, is granted. Registry is directed to number the Civil Revision Petition, if it is otherwise in order.

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2. Considering the fact that respondents 1 and 2 are only the decree holders, notice shall be issued to them. Notice to other respondents is dispensed with.

3. Once the Civil Revision Petition is numbered, registry is directed to issue notice to the respondents 1 and 2, returnable by 28.11.2025. Private notice is also permitted.

4. In the interregnum, there shall be an order of interim stay of all further proceedings in E.P.No.16 of 2002 on the file of the learned Principal District Munsif, Kuzhithurai, until further orders. 17.10.2025 Note: Issue order copy on 17.10.2025 pnn To

1. The Principal District Munsif, Kuzhithurai. 4/5

K.KUMARESH BABU, J.

pnn

ORDER

IN in CRP(MD)SR.No.90215 of 2025 Date : 17/10/2025 5/5