Madras High Court
CRP(MD)/2711/2026 of A. NAGARAJAN Vs T. JEGADEESAN on 1 October 2026
CRP(MD) NO. 2711 of 2026
{CNR: HCMD011220242026}
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R.POORNIMA, J.
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ORDER
This Civil Revision Petition is filed against the Order dated dated 13-07-2026 made in E.P.No.2 of 2022 in O.S.No.122 of 2014, on the file of the I Additional District Munsif, Nagercoil.
2. The petitioners are the defendants. The respondent is the plaintiff, who filed a suit for the relief of mandatory injunction, permanent injunction and declaration of title. In the suit, the petitioners were called absent and set ex parte. Subsequently, an ex parte decree was passed on 15.11.2018. The respondent has not filed the suit for the relief of recovery of possession. However, EP.No.2 of 2022 was filed seeking to demolish and remove the encroachments made by the petitioners in the western side of the suit schedule property and to recover the encroachment property.
3. The learned counsel for the petitioner states that the relief of mandatory injunction have to be executed, within a period of three years as per Article 135 of the Limitation Act. However, the EP was filed only on 21.01.2022 and hence, prayed to allow the civil revision petition and to set aside the order passed by the trial Court.
4. Admit.
5. Issue notice to the respondent through Court and also privately, returnable by 26.10.2026.
6. Post the matter on 26.10.2026.
01.10.2026 rm
R.POORNIMA, J
. rm ORDER MADE IN C.R.P.(MD)No.2711 of 2026 01.10.2026