Madras High Court
CRP/2478/2023 of B.S.RAJASEKARAN Vs GEEJEE BAI on 15 October 2026
CRP.No.2478 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.2478 of 2023
CNR:{HCMA011115642023}
and
CMP.No.15407 of 2023
1. B.S.Rajasekaran
2. G.Vijayakumar
..Petitioner(s)
Vs
Geejee Bai
..Respondent(s)
PRAYER : Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the fair and decretal order dated 01.03.2023 made in E.P.No.14 of 2018 in O.S.No.265 of 2004 on the file of the learned District Munsif Court, Arakkonam.
For Petitioners
: M/s.R.Arthi
for M/s.P.Krishnan
For Respondent
: Mr.A.Mohamed Ismail
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CRP.No.2478 of 2023
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O R D E R
The Civil Revision Petition has been filed challenging the order passed by the Executing Court in E.P.No.14 of 2018 in O.S.No.265 of 2004, dated 01.03.2023 ordering delivery of the suit C-Schedule Property in the execution petition.
2. The respondent herein filed a suit seeking declaration of title and for permanent injunction in respect of suit A-Schedule Property. The petitioner also sought for recovery of possession of suit C-Schedule Property, after removing the construction found thereon. The suit was decreed as prayed for and the said decree was put into execution in E.P.No.14 of 2018. It is seen from the petition order in execution petition filed in the typed-set of papers that the execution petition was filed in the year 2018 and notice was served on the petitioners/judgment debtors as early as 18.06.2018 and ultimately, the execution petition was allowed by ordering delivery of suit C-Schedule Property only on 01.03.2023. Aggrieved by the said order, the present civil revision petition has been filed by the petitioners/judgment debtors.
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CRP.No.2478 of 2023
3. The learned counsel appearing for the petitioners would submit that the respondent/decree holder has not given proper description of the suit C- Schedule Property and therefore, the same is not identifiable. In view of the dispute with regard to the identity, the Executing Court ought not to have ordered execution petition.
4. A perusal of the description found in the decree would indicate that the property has been described with survey number and linear measurements. Now, by impugned order, delivery has been ordered by the Executing Court. The Court Amin is expected to execute the warrant for delivery by identifying the suit C-Schedule Property on ground. At the time of execution of warrant, if the Court Amin is unable to identify the property based on the description found in the decree, he will return the warrant expressing the difficulty in identifying the property.
5. In that case, the Executing Court can very well appoint an Advocate Commissioner to measure the subject property with the help of Surveyor and identify the property. Therefore, the submission made by the learned counsel appearing for the petitioners that the property described in suit C-Schedule is not identifiable cannot be taken up for consideration at this stage, unless the
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CRP.No.2478 of 2023
Court Amin reports any difficulty in identifying the suit C-Schedule Property on ground. Therefore, I do not want to interfere with the impugned order of delivery passed by the Executing Court.
6. Accordingly, this Civil Revision Petition is dismissed. The Executing Court is expected to proceed with the execution petition as indicated above. No costs. Consequently, the connected Miscellaneous Petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm
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CRP.No.2478 of 2023
To The District Munsif Court, Arakkonam.
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CRP.No.2478 of 2023
S.SOUNTHAR J. dm CRP.No.2478 of 2023 and CMP.No.15407 of 2023 15-10-2026
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