C.Shally vs. Thangappan @ V.Rajaiyan@ Robin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 22.04.2016

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM

<u>C.R.P(NPD)(MD)No.2103 of 2015</u> <u>and</u> <u>M.P(MD)No.1 of 2015</u>

C.Shally

.. Petitioner/Petitioner/10^th respondent/10^th defendant

.. Vs ..

1. Thangappan @ V.Rajaiyan @ Robin .. 1^st Respondent/1^st Respondent/1^st Petitioner/1^st Plaintiff ..2^nd Respondent/2^nd respondent/2^nd 2.Esther Wilsv petitioner/2^nd plaintiff Chellavan(Died) Gabriella (Died) ..3^rd respondent/5^th respondent/5^th petitioner/ 3.Thankaswamy 3^rd defendant 4.Kamal Anand Choudry ..4^th respondent/6^th respondent/6^th petitioner/ $4^{\text{th}}$ defendant .. $5^{\text{th}}$ respondent/ $5^{\text{th}}$ respondent/ $5^{\text{th}}$ respondent 5.Muthamma 6.Mary @ Ammukutty .. $6^{th}$ respondent/ $6^{th}$ respondent/ $6^{th}$ respondent 7.V.C.Kushlal ..7^th respondent/7^th respondent/7^th respondent .. 8^th respondent/8^th respondent/8^th respondent 8.V.C.Rajaram .. 9^th respondent/9^th respondent/9^th respondent 9.Rexilin Jicky

PRAYER:Civil Revision Petition is filed under Section 115 of Civil Procedure Code against the fair order and decretal order, dated 15.07.2015 made in E.A.No.145 of 2015 in E.P.No.35 of 2013 in O.S.No.136 of 2002 on the file of the Principal District Munsif, Kuzhithurai.

For	Petitioner	:	Mr.K.Guhan
For	R1 & R2	:	Mr.T.S.R.Venkata Ramana
For	R-3 to R-9	:	No Appearance

<u>ORDER</u>

This Civil Revision Petition challenges the order of the learned Principal District Munsif, Kuzhithurai passed in E.A.No.145 of 2015 in E.P.No.35 of 2013 in O.S.No.136 of 2002.

2. By way of E.A.No.145 of 2015, the petitioner sought stay of https://hexecution\_proceedings asserting that the petitioner had moved an appeal against the final decree passed in the suit and would be seeking an order of stay from the appellate Court. Said application stands dismissed and

there against the present revision.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos.1 and 2.

3. The learned counsel for the petitioner submits that an appeal preferred by the brother of the revision petitioner in A.S.No.30 of 2009 on the file of the Sub-Court, Kuzhithurai had been dismissed for default and an application to set aside the dismissal order had been made. The appeal of the present revision petitioner is at S.R Stage even till date.

4. The learned counsel for the respondent Nos.1 and 2 submits that revision petitioner and her brother, both Advocates have dragged on the proceedings for over 30 years. He submitted that the brother of the petitioner preferred an appeal in A.S.No.30 of 2009 on the file of the Sub-Court, Kuzhithurai and citing the same, the earlier execution proceedings in E.P.No.72 of 2009 was closed. There against the first respondent preferred C.R.P(PD)No.551 of 2010. This Court was pleased to allow the same vide order, dated 08.04.2014. Though this Court ordered restoration of execution proceedings, the first respondent had preferred fresh execution proceedings in E.P.No.35 of 2013. The brother of the petitioner having stalled the first execution proceedings, his sister, the present petitioner had moved E.A.No.145 of 2015 seeking stay of proceedings on the ground that an appeal against the final decree in the suit had been moved by her. Said petition has been dismissed and there against the petitioner preferred the present Writ Petition.

5. This Court has recorded herein above the submission of the learned counsel for the petitioner that the appeal preferred by the petitioner is at the S.R. Stage ie., and is yet to be numbered. Therefore, it is apparent that the petitioner and her brother have had much success in denying the fruits of the decree to the respondents.

6. In the circumstances, this Civil Revision Petition shall stand dismissed with a direction to the learned Principal District Munsif, Kuzhithurai to dispose of E.P.No.35 of 2013 in O.S.No.136 of 2002 as expeditiously as possible and more particularly, within a period of two months from the date of receipt of a copy of this order. It is open to the Court below to proceed on day to day basis. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/

Assistant Registrar(T&P)

/True Copy/

Sub Assistant Registrar.

To

The Principal District Munsif,Kuzhithurai. +1CC to M/S.K.Guhan, Advocate, SR.No. 22799 +1CC to M/S.T.S.R.Venkatramana, Advocate, SR.No. 22860

C.R.P(PD)(MD)No.2103 of 2015

22.04.2016

AM/JGB.DP/AR-I/27.04.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/