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2021 DIGILAW 3247 (MAD)

Ramanathan v. S. Kannappan @ Kannan (Died)

2021-11-23

S.ANANTHI

body2021
JUDGMENT : (Prayer: Review Application filed under Order 47 Rules-1 & 2 r/w Section 114 of the Civil Procedure Code, to review the Order, dated 22.09.2021 made in C.R.P.(PD)(MD) No.1409 of 2021 on the file of this Court filed against the order, dated 31.08.2021 made in E.A.No.41 of 2021 in E.P.No.19 of 2015 in O.S.No.23 of 2005 on the file of the learned Subordinate Judge, Devakottai, in so far as disposing of the Civil Revision Petition directing the surveyor to inspect the suit property after giving notice to the revision petitioners/defendants is concerned.) 1. This Review Application has been filed by the Review Petitioners/Respondents/Petitioners/Petitioners/Plaintiffs to review the order, dated 22.09.2021 in C.R.P.(PD)(MD) No.1409 of 2021. 2. C.R.P.(PD)(MD) No.1409 of 2021 was posted before this Court under the caption 'for clarification'. on mentioning made by the learned counsel appearing for revision petitioner. On 06.10.2021, while the matter was taken up for clarification, the learned counsel appearing for the respondents represented that he has filed a Review application against the order passed by this Court, dated 22.09.2021 in C.R.P.(PD) (MD) No.1409 of 2021. In view of the aforesaid submission, the Registry was directed to post the matter along with REV.APLC.(MD) No.113 of 2021. 3. C.R.P.(PD)(MD) No.1409 of 2021 had come under consideration of this Court and Order was delivered on 22.09.2021. The said Civil Revision Petition had been filed to set aside the fair and decreetal order, dated 31.08.2021 in E.A.No.41 of 2021 in E.P.No.19 of 2015 in O.S. No.23 of 2005 passed by the learned Subordinate Judge, Devakottai. 4. C.R.P.(PD)(MD) No.1409 of 2021 was disposed of by this Court on 22.09.2021, with direction to surveyor to inspect the property. Against the aforesaid order, the review petitioners are before this Court. 5. Heard on either side. 6. The grounds for Review application is that the Civil Revision Petition is liable to be dismissed as the respondents have got no indulgence before this Court for want of cause of action or prima facie case. In view of conduct of survey by the Town Surveyor already held on 17.09.2021 as per the order dated 31.08.2021 made in E.A.No.41 of 2021 in E.P.No.19 of 2015 by the executing Court, the above Civil Revision Petition filed by the respondents herein had become infructuous. 7. In view of conduct of survey by the Town Surveyor already held on 17.09.2021 as per the order dated 31.08.2021 made in E.A.No.41 of 2021 in E.P.No.19 of 2015 by the executing Court, the above Civil Revision Petition filed by the respondents herein had become infructuous. 7. The petitioner/petitioners/plaintiffs have filed an application in E.A.No.41 of 2021 to give letter of request to the Commissioner, Devakottai Municipality, to identify the suit properties to measure and deliver the properties to them. 8. Originally, the suit in O.S.No.23 of 2005 was filed for declaration and recovery of possession of properties by this petitioners/plaintiffs and suit was decreed on 07.12.2012 against the sole defendant. The execution petition in E.P.No.19 of 2015 was filed by this review petitioner and delivery was also ordered. 9. Delivery warrant also issued to Senior Bailiff. The Senior bailiff returned the warrant that the respondent/defendant objected for the delivery as the properties should measured with the help of surveyor and to be delivered. 10. Therefore, the petitioners/plaintiffs have filed an application in E.A.No.41 of 2021 to give a letter of request to the Commissioner, Devakottai Municipality which was allowed on 31.08.2021. 11. Aggrieved by the same, the respondents herein(LRs of the sole respondent) filed a revision in C.R.P.(PD)(MD) No.1409 of 2021 which was allowed on 22.09.2021 with direction that the Surveyor should inspect the properties after issuing notice to the revision petitioners. 12. This present review application has been filed to review the order, dated 22.09.2021 passed by this Court in C.R.P.(PD)(MD) No.1409 of 2021. Since the property was already measured with the help of surveyor and also delivered to the petitioners only recording a delivery is pending because of the present order in C.R.P.(PD)(MD) No.1409 of 2021. 13. The revision petitioners are the Legal Heirs of the sole respondent herein. So, decree is binding the respondents. The respondents have filed petition again and again to delay the proceedings of the Execution petition. Already, the claim of the respondents negatived upto second appeal. 14. As per the order in C.R.P.(PD)(MD) No.1409 of 2021, notice to be issued to the respondents before conducting survey in the properties. Eventhough, notice was not served, the respondents present in the property while measuring. Photographs also filed by the review petitioner. 15. Already, the claim of the respondents negatived upto second appeal. 14. As per the order in C.R.P.(PD)(MD) No.1409 of 2021, notice to be issued to the respondents before conducting survey in the properties. Eventhough, notice was not served, the respondents present in the property while measuring. Photographs also filed by the review petitioner. 15. In execution proceedings, when delivery was ordered, to execute delivery any help sought for by the E.P. Petitioner is between the Court and the decree holder. So, issuing notice is not necessary. 16. Further, north of suit properties belonged to the plaintiffs. Southern and western boundaries are road. Eastern boundary is a compound wall. So, the respondents/legal heirs of the defendants no way affected if excess properties delivered to the review petitioners/respondents/petitioners. 17. So, the respondents wantonly filed the C.R.P.(PD)(MD) No.1409 of 2021 to drag on the proceedings. 18(i). Finally, this Review Petition is allowed by setting aside the Order, dated 22.09.2021 in C.R.P.(PD)(MD) No.1409 of 2021 passed by this Court. Further, the learned Subordinate Judge, Devakottai, is directed to record the delivery within three days from the date of reviving this Order. No Costs. Consequently connected miscellaneous petition is closed. 18(ii). In view of the order passed in REV.APLC(MD) No.113 of 2021, no clarification is required in C.R.P.(PD)(MD) No.1409 of 2021.