Ganapathy Ammal v. Sapani Nambiyar

ORDER The Civil Revision Petition is directed against the order, dated

12.09.2023 passed in E.A.No.4 of 2023 in E.P.No.19 of 2013 in O.S.No.26 of 1998 on the file of the District Munsif Court, Shengottai.

¶2The main contention of the petitioner is that in the preliminary decree it is shown that the petitioner's father is possessing land which is nearby suit property. But while describing four boundaries, the petitioner's father's property was shown as situated in southern side of the property. However, in Execution Petition, the EP Court has delivered the property belonging to the petitioner's father. Hence, the petitioner has filed a petition to recover the property, which is not shown in the decree. Therefore, the petitioner is claiming to set aside the order and to remit the matter back.

¶3The learned counsel appearing for the petitioner further submitted that the said suit was decreed against the deceased person, for which, the petitioner is also relying on the death certificate. On perusing the impugned order, it is seen that the Lower Court has dismissed the petitioner's claim summarily without adverting to the facts. Hence this Court is of the considered opinion that the EP Court has passed an order without adverting to the facts stated supra and also without issuing notice to the other side and against dead person. Therefore, this Court is inclined to set aside the order.

¶4In the result, the Civil Revision Petition is allowed. The impugned docket order, dated 12.09.2023 passed in E.A.No.4 of 2023 in E.P.No.19 of 2013 in O.S.No.26 of 1998 on the file of the District Munsif Court, Shengottai, is set aside. The trial Court is directed to number the petition and proceed further in accordance with law.

¶5No costs. Consequently, connected Miscellaneous Petition is closed.

03.11.2023 Note :The Registry is directed to return the original petition, filed along with this revision to the learned counsel for the revision petitioner, retaining a copy of the same. NCC :yes/No Index :yes/No Internet:yes/No das To

1.The District Munsif, Shengottai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. C.R.P.(MD)No.2860oofo2023 oS.SRIMATHYoo,Jo. das Orderomadeoin C.R.P.(MD)No.2860oofo2023 and C.M.P.(MD)No.14888oofo2023 Datedo:o03.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023 CORAM: THE HON'BLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.14888 of 2023 Ganapathy Ammal : Petitioner/Petitioner/ Third Party Vs. 1.Sappani Nambiyar 2.Annamalai Nambiyar 3.Seeni Nambiyar 4.Sendu Ammal 5.Nambi 6.Kuthalam : Respondents 1 to 6/Respondents 1 to 6/ petitioners/Defendants 2 to 6 and 11 7.Lakshmi 8.Sithayee : Respondents 7 & 8/ Respondents/Plaintiffs 9.Ramar Nambiyar : 9th Respondent/9th Respondent/ 3rd Respondent/Defendant Perumal Nambiyar (died) 10th defendant 10.P.Mariyappan 11.P.Subbiah 12.P.Arunachalam 13.P.Krishnan 14.P.Selvi : Respondents 10 to 14/Respondents 11 & 15/ Legal Heirs of the deceased 10th defendant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the docket order, dated 12.09.2023 passed in E.A.No.4 of 2023 in E.P.No.19 of 2013 in O.S.No.26 of 1998 on the file of the District Munsif Court, Shengottai. For Petitioners : Mr.J.Barathan