C.Kamalam(Died) v. S.Periyasamy,

O R D E R The present Civil Revision Petition has been filed by the petitioners/ Plaintiffs, under Section 115 of C.P.C., against the fair and decretal order dated 11.06.2018 made in E.P.No.28 of 2018 in O.S.No.292 of 2007, on the file of the learned Principal District Munsif, Karur.

¶2The revision petitioners are the Plaintiffs, and the respondent herein is the defendant before the trial Court.

¶3The short facts which give rise to the instant Civil Revision Petition are that, the petitioners have filed a suit in O.S.No.292 of 2007 before the learned Additional District Munsif Court at Karur and obtained a decree for permanent injunction for restraining the defendant from disturbing the peaceful possession and enjoyment of the plaintiffs over the suit property. It appears that, when the petitioners faces some disturbance, they have filed an Execution Petition in E.P.No.28 of 2018 on the file of the learned Additional District Munsif, Karur and sought for the prayer to direct the police to advise the respondent herein not to put up any construction in violation of the decree. This application was objected by the respondent that the petitioners wanted to execute the decree in contravention to the actual decree passed by the trial Court.

¶4After considering the either side submissions, the learned trial Judge observed that, the petitioners instead of approaching the jurisdictional Court for the appropriate relief, filed an application seeking the Court to direct the police authorities to advise the respondent, and it is in no way in consonance of the decree and ultimately, dismissed the application.

¶5The learned counsel for the petitioners would fairly concede that the very prayer in the execution petition is not in line with decree passed by the learned trial Judge. It is apparent that in the suit in O.S.No.292 of 2007 the trial Court has passed following decree: ",Wjpahf thjpapd; jhth nryT njhifAld; mDkjpf;fg;gl;L> jhth nrhj;Jf;fspy; thjpfspd; mikjpahd RthjPd mDgtj;ij gpujpthjpfNsh> mtuJ Ml;fNsh vt;tpj ,ilA+Nwh> njhe;jtNth nra;af;$lhJ vd;W Jhthtpy; thjpfs; NfhhpAs;sJ Nghy; epue;ju cWj;Jf;fl;lis ghpfhuk; toq;fp jPh;g;gspf;fg;gLfpwJ.

¶6However in the execution petition, the petitioners sought the following relief: "MfNt r%fk; Nfhh;l;lhh; mth;fs; jaT nra;J vjph;kDjhuh;/ gpujpthjp ePjpkd;w jPh;g;Gf;F tpNuhjkhf fhty;Jiw JizNahL mtUila nry;ygbahfhj gj;jpuj;jpd; mbg;gilapy; fpoNky; 16 mbf;F fl;blk; fl;l Kaw;rpj;jjhy; kDjhuh;fs;/ thjpfs; ntq;fNkL fhty;Jiwia mZfpajpy; ePjpkd;w

cj;juT

,y;yhky;

ehq;fs; jiyaplkhl;Nlhk; vd;W nrhd;djhy;> Nkw;fz;l bfphpia epiwNtw;Wtjw;Fk;> vjph;kDjhuh;/gpujpthjp NkNyfz;l jPh;g;gpy; nrhy;yg;gl;l msTfis kPwp fl;blk; fl;lf;$lhJ vd;W ntq;fNkL fhty;Jiw Ma;thsh; mth;fs; %yk; vjph;kDjhuh; gpujpthjpf;F mwpTWj;j Ntz;b ,k;kD rp.gp.rp 151 – d; gb jhf;fy; nra;ag;gLfpwJ."

¶7A cursory look of the prayer sought for in the Execution Petition would show that the same is in contravention to the decree. Therefore, this Court finds that the very dismissal order passed by the learned trial Judge is a well considered one and this Court could not find any justifiable ground to interfere with the order of the trial Court.

¶8In the result, this Civil Revision Petition stands dismissed. At this juncture, the learned counsel for the petitioners seek indulgence of this Court to give liberty to proceed against the respondent according to the decree. Which right is inherent and the petitioners are indubitably entitled to, therefore, liberty is given. There shall be no order as to costs.

12.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

¶1The Principal District Munsif, Karur. C.KUMARAPPAN,J. ebsi C.R.P(NPD)(MD)No.1597 of 2018

12.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023 CORAM: THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(NPD)(MD)No.1597 of 2018 C.Kamalam (died) 1. Chinnasamy 2. Parameswari 3. Kalaivani 4. Chandrasekaran ... Petitioners/Petitioners/ Plaintiffs -vs- S.Periyasamy ... Respondent/Respondent/ Defendant PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C., against the fair and decretal order dated 11.06.2018 made in E.P.No.28 of 2018 in O.S.No.292 of 2007, on the file of the learned Principal District Munsif, Karur. For Petitioners : Mr.M.Bindran For Respondent : Mr.M.P.Senthil