The Madras High Court dismissed a Civil Revision Petition seeking to reopen eviction proceedings to mark a settlement deed. The court held that reopening the case after an order for delivery of possession would serve no useful purpose and would not prejudice the petitioners.
Civil Revision Petition and connected Miscellaneous Petition are dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.02.2015
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
C.R.P.(NPD)No.131 of 2015
and
M.P.(MD)No.1 of 2015
Vs.
Chellappan(died)
Prayer : Petition is filed under Section 115 of the Code of Civil Procedure to set aside the fair and decreetal order dated 11.12.2014 passed by the District Munsif Court (Rent Controller), Palani in E.A.No.93 of 2014 in E.P.No.259 of 2002 in R.C.O.P.No.16 of 1982.
For Petitioners : Mr.T.Lenin Kumar
ORDER
The tenants, who were suffered with an order of eviction, is the revision petitioners. The Civil Revision Petition is directed against the order of dismissing the application to reopen the case in order to mark the document, wherein the original landlord had settled the property in favour of the fourth respondent herein. The execution petition in E.P.No.259 of 2002, after issuing notice to the tenants/petitioners herein, is posted for enquiry. On the said date, the petitioners herein did not appear before the Court. On 25.09.2013, it is posted for orders. https://hcservices.ecourts.gov.in/hcservices/ At this stage, the present petition to reopen the case has been filed.
2
Sd/Assistant Registrar(C.O.)
/True Copy/
Sub-Assistant Registrar
To
The District Munsif,(Rent Controller), Palani.
+1cc to Mr.T.Lenin Kumar, Advocate, in SR. No.4590.
C.R.P.(NPD)No.131 of 2015 and M.P.(MD)No.1 of 2015 02.02.2015
ssl
msm 19.02.2015 p2/3c
2 issues framed by the court
Whether the Civil Revision Petition to reopen the case and mark the settlement deed warrants interference when final delivery of possession orders have already been passed.
Whether the belated application by the tenants to reopen the case serves any useful purpose given the eviction and delivery context.
1 provisions across 1 enactments
A.Samsudeen
Anwardeen
Ayishabeevi
Ummanna Beevi
Sabunnisha
Shameethisha
Puspha Sathyanaarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
