Udasin Bvji Mutt v. 1.THILIGAVATHI
Case brief
What is this about?
Strike off execution petition E.P.No.4 of 2025 in O.S.No.445 of 2010 (permanent injunction decree), Principal District Munsif Kanchipuram; CRP.No.3566 of 2025 under Article 227 Constitution of India by judgment debtor Udasin Bavji Mutt against legal representatives of deceased decree holder Vanathatchi; contention that lease deed clause confined benefit to original lessee, no right in LRs to execute decree or allege wilful disobedience/breach; factual contentions not amenable to roving enquiry in Article 227 revision; CRP dismissed with liberty to file detailed counter before executing Court; oral and documentary evidence permitted; EP to be decided within six months; allegation of enjoyment of properties without payment of rents left open; no costs; connected CMP.No.19230 of 2025 closed.
What did the court decide?
Revision dismissed; liberty granted to the revision petitioner to canvas all objections (including non-payment of rents) by filing a detailed counter before the executing Court; executing Court to permit oral and documentary evidence and decide E.P.No.4 of 2025 within six months; no order as to costs; connected CMP.No.19230 of 2025 closed.