Madras High Court
CRP/4545/2025 of SAIRA BANU Vs MOHAMMED GHOUSE (DECEASED) D.K.GOWHAR SULTHANA (DE on 30 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 4545 of 2025
and CMP. No.23127 of 2025
CNR: {HCMA012161632025}
Saira Banu
W/o Mohammed Ali D/o Late Anwar 4-A, 6th Cross, Jakkappan Nagar, Krishnagiri
..Petitioner(s)
Vs
Mohammed Ghouse (deceased)
D.K.Gowhar Sulthana (deceased)
1. M.G.Shahetha Sulthana
D/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
2. M.G.Wahitha Sulthana
D/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
3. M.G.Syed Mushtaq
S/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
4. M.G.Syed Ashwag
S/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
5. M.G.Ashviya Sulthana
D/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
6. M.G.Syed Ameen
S/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
7. M.G.Kowsar Sulthana
D/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town,
Taluk and District
8. M.G.Anjum Sulthana
D/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
9. M.G.Thabassum Sulthana
D/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
10.C.Syed Samiullah
S/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
11.G.Ayisha Sulthana
D/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
12.M.G.Thanveer
S/o Late Mohammed Ghouse, Res at No.8/4, Santhamiyam Street, Oldpet, Krishnagiri Town, Taluk and District
..Respondent(s)
PRAYER: This Civil Revision Petition is filed under Section 115 of CPC, to set aside the fair and decreetal order dated 02.08.2025 passed in REA.No.18 of 2024 in REP.No.230 of 2010 in REP.No. 72 of 2004 in O.S.No.117 of 1981 on the file of Principal Subordinate Judge at Krishnagiri For Petitioner(s):
Mrs.C.Jayachitra
For Respondent(s):
Mr.P.Sesubalan Raja
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ORDER
After hearing Mrs.C.Jayachitra, learned counsel for the petitioner and Mr.P.Sesubalan Raja, learned counsel for the respondents, I find that the present revision is clearly an abuse of process, the petitioner's mother suffered a decree and went upto the Hon'ble Supreme Court unsuccessfully and thereafter, the petitioner who was in fact, given in adoption claims to be in lawful possession under an unregistered settlement deed, though she projects a Section 47 claim, rightly, the Executing Court, has dismissed the Section 47 Application at the unnumbered stage, finding that earlier attempt was made by the petitioner, by even filing the suit which also resulted in dismissal.
2. Mr.Sesubalan Raja, learned counsel for the respondents also brings to my notice that even in the year 2023, this Court gave a specific direction to the Executing Court to ensure that the Execution Petition is disposed within a period of three (3) months. However, despite the passage of three years and more, the respondent/decree holder is still not in a position to see the colour of the coin having filed the suit, way back in the year 1981.
3. In the light of the above, I do not see any merit in the revision petition, at this juncture, Mrs.C.Jayachitra, learned counsel for the petitioner, seeks some time to get instruction as to whether the petitioner would be willing to vacate the premises, if some reasonable time is granted. In the event of the petitioner being willing to file an affidavit of undertaking that he would vacate and handover vacant possession under her occupation, on or before 31.12.2026 without driving the respondents to forcible Execution Proceedings, then such an affidavit filed within a period of one (1) week from the date of the copy of the order being uploaded and in the event of after serving a copy of the learned
P.B.BALAJI, J. counsel for the respondents, if such affidavit is filed in time, then the Execution Petition shall stand deferred till 31.12.2026, to enable the petitioner to peacefully handover vacant possession. In the event of the petitioner not complying with the undertaking, it shall be open to the respondents to make a mention before this Court/file a contempt or proceed as he may choose to do so.
4. This Civil Revision Petition is dismissed with the above terms. Consequently, connected Miscellaneous Petition is also dismissed. No costs. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The Principal Subordinate Judge at Krishnagiri.
and CMP. No.23127 of 2025