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2005 DIGILAW 1140 (MAD)

C. Ramamoorthy & Another v. T. M. Balakrishna Mudaliar & Others

2005-07-22

S.SARDAR ZACKRIA HUSSAIN

body2005
Judgment :- The unsuccessful plaintiffs/decree holders are the revision petitioners. The revision is filed against the refusal for numbering the execution petition filed under Order 21 Rule 32 C.P.C. for executing the decree obtained by the plaintiffs in T.P.T.O.S.No.13 of 1975 on the file of Principal District Munsif, Tirupattur. 2. The revision petitioners/plaintiffs have filed a suit in O.S.No.13 of 1975 on the file of District Munsif, Tirupattur, for bare injunction and the suit, after contest, was decreed on 30.01.1976. The judgment of the trial Court was reversed by lower appellate Court by judgment dated 20.08.1977 and on appeal by the revision petitioners/plaintiffs, the decree and judgment of the trial Court was confirmed by this Court by judgment dated 15.12.1980. At the time of filing of the suit, the suit properties were situated within the jurisdiction of District Munsif Court, Tirupattur, being the lands situated in Sathambakkam and Peria Kammeswaram vilage, Vaniyambadi Taluk and now the lands are situated within the jurisdiction of District Munsif Court, Ambur, in view of the fact that the jurisdiction of the District Munsif Court, Tirupattur, has been trifurcated into District Munsif Court, Vaniyambadi and District Munsif Court, Ambur. In that view, the revision petitioners/plaintiffs filed an execution petition for execution of the decree on 21.10.2002 initially before the Principal District Munsif Court, Ambur, and the said Court in its order dated 31.12.2002 returned the same with the following endorsement: "The decree in which the execution petition filed and sought to be executed is not passed by this Court or the decree is not transferred from the Court which passed the decree has ceased the territorial jurisdiction over the subject matter of the decree for execution to this Court or decree sought to be executed is not pending on the file of this Court for the execution. How the petition to execute the decree without decree on the file of this Court is maintainable to be stated. Authorities if any to be filed." Thereafter, it was represented before the District Munsif Court, Tirupattur, and the same was also returned with the following endorsement: " 2. The properties are situate within the jurisdiction of Vaniyambadi Taluk. Hence how this E.P. is maintainable in this Court and the same may be represented in Ambur District Munsif Court." Hence, this revision is preferred by the plaintiffs. 3. The properties are situate within the jurisdiction of Vaniyambadi Taluk. Hence how this E.P. is maintainable in this Court and the same may be represented in Ambur District Munsif Court." Hence, this revision is preferred by the plaintiffs. 3. Heard the learned counsel for the revision petitioners and the learned counsel for the respondents. 4. Learned counsel for the revision petitioners submitted that by virtue of Section 37 of Civil Procedure Code, it is only the District Munsif Court, Ambur, which has got jurisdiction, to try the execution petition filed by the revision petitioners. 5. Explanation to Section 37 of Civil Procedure Code reads as follows: "The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but in every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit." Therefore, by virtue of Explanation to Section 37 of Civil Procedure Code, inserted by Act 104 of 1976, the Principal District Munsif Court, Ambur, is vested with the jurisdiction to try and dispose of the execution petition filed before it inasmuch as, admittedly, the suit properties lie within the jurisdiction of the said Court. In that view of the matter, the return of the Principal District Munsif, Ambur, being erroneous and improper and the same is set aside. 6. In the result, the revision is allowed and the return of the Principal District Munsif, Ambur, dated 31.12.2002 is set aside and the Principal District Munsif, Ambur, is directed to take execution petition on his file and dispose of the same in accordance with law. No costs.