A.MYLSAMY(DIED),1. Visalakshi v. R.Deivasigamani Gounder
Case brief
What is this about?
Madras High Court, CRP [NPD] No.2018 of 2025 & CMP.No.11682 of 2025 (under Article 227 of Constitution of India), N. Sathish Kumar J., decided 02.06.2025. Challenge by defendants/judgment debtors (legal heirs of deceased A. Mylsamy: Visalakshi, Jayakumar, Chithra, Santhamani; counsel Mr.G.Ponnamabalathiyagarajan) to the District Munsif, Pollachi order dated 20.03.2025 in E.P.No.4 of 2018 in O.S.No.23 of 2004 allowing the respondent R.Deivasigamani Gounder's execution petition for possession under the final decree dated 01.08.2013 in I.A.No.1023 of 2010. Held: an unchallenged final decree binds the judgment debtors; absence of appeal bars a fresh plea of lack of pathway/access in the commissioner's report at execution stage; CRP dismissed, no costs, connected CMP closed.
What did the court decide?
The contention that no proper pathway was set out in the commissioner's report cannot be countenanced, because the final decree was passed in 2013 and has not been challenged till date.