Allowed

Halima Bibi v. Sheik Dawood

Madras HC12 Dec 2019CRP(MD)/1546/2010

Case brief

AI extract

What is this about?

This court allowed a civil revision petition challenging an executing court order dismissing an execution petition. The executing court had found disobedience of a permanent injunction decree without first ascertaining the facts. The High Court set aside the order, appointed a Commissioner to verify the pathway width, and remitted the petition.

What did the court decide?

The order of the Executing Court is set aside. The Execution Petition is remitted to the Executing Court to ascertain disobedience based on the Commissioner's report and pass orders afresh within two

Halima Bibi Vs Sheik Dawood — Execution and Attachment | Madras HC (2019)

¶1

C.R.P(MD)No.1546 of 2010

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2019

¶3

CORAM :

¶4

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P(MD)No.1546 of 2010 Halima Bibi ... Petitioner/Petitioner/Plaintiff Vs.

¶5

1.Sheik Dawood

¶6

2.Mahaboob Batcha

¶7

3.Sikkandar 4.Kathoon Bi 5.Fatima (Exonerated) 6.Sulthan Batcha 7.Badhusha 8.Anwar 9.Ameer ... Respondents/Respondents/Defendants PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code against the fair and decreetal order dated 19.06.2009 passed in E.P.No.312 of 2006 in O.S.No.700 of 1995 on the file of the Additional District Munsif Court, Madurai Town.

¶8

For Petitioner : Mrs.J.Anandhavalli For R2 : Mr.M.Arun Murugan

¶9

O R D E R

¶10

This Civil Revision Petition has been filed challenging the order dismissing E.P.No.312 of 2006 that was filed complaining of disobedience of a decree for permanent injunction made by the executing court even without making an attempt to ascertain as to whether there is disobedience by the judgment debtor.

¶11

The decree is one for permanent injunction regarding pathway. A rough plan, based on which the decree was granted, shows that the width of the pathway is 4'.9' inches althrough. The Commissioner appointed by the trial court at the time of trial has also inspected the property and filed a report stating that width of the pathway althrough is 4'.9' inches.

¶12

Pending the Civil Revision Petition, this Court has appointed a Commissioner. The Commissioner after visiting the suit property has filed a report and plan.

¶13

A perusal of the plan shows that there is a reduction in the width of the lane between the points 'G1' and 'F' and available width of the pathway is only 2'.4' inches.

¶14

The learned counsel for the respondent/judgment debtor has filed objections to the Commissioner's report and plan. Even in the plan, he had given the width of the lane at the point 'K1' as 3 feet 7 inches, which is lesser than the width of the lane as decreed. https://hcservices.ecourts.gov.in/hcservices/

¶15

1/2

¶16

C.R.P(MD)No.1546 of 2010

¶17

In the light of the above factual details, the order of the Executing Court is set aside. The Execution Petition is remitted to the Executing Court with a direction to take the report of the Commissioner filed in this court and ascertain as to whether there is any encroachment over the pathway amounting disobedience of the decree for permanent injunction and pass orders afresh. The said exercise shall be completed within a period of two months from the date of a receipt of a copy of this order.

¶18

With the above direction, this Civil Revision Petition is allowed. No costs.

¶19

Assistant Registrar (CO)

¶20

// True Copy //

¶21

Sub Assistant Registrar(CS)

¶22

¶23

To,

¶24

The Additional District Munsif, Madurai Town

¶25

+1CC TO M/S.J.ANANDAVALLI,Advocate,Sr.No.104902

¶26

C.R.P(MD)No.1546 of 2010 12.12.2019

¶27

SMA/18/12/19/2P/3C

¶28

https://hcservices.ecourts.gov.in/hcservices/

¶29

2/2

Halima Bibi v. Sheik Dawood

Case brief

What is this about?

What did the court decide?

Halima Bibi v. Sheik Dawood

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A.Nallusamy Vs M.Gurunathan

Rajammal Vs Kasinathan

Masanammal Vs C. Maheskarthick

Habeeb Beham Vs v.Soosai Raj

Kandasamy Vs Pappayee(Died)

Subramanian Chettiyar Vs Hasan