CRP/3725/2026 of Muthumasaiyannan (Died) 1. Barkinan Vs A.M. Kavundiyappan (Died) 1.A.K.Saraswathy on 11 August 2026

ORDER

This revision petition has been filed to set aside the fair and final order dated 02.06.2026 in E.P.No.17 of 2025 in O.S.No.633 of 1983 on the file of the District Munsif Court, Bhavani.

CRP No. 3725 of 2026

2. I have heard Mr.K.Venkatasubban, learned counsel for the revision petitioners and Mr.A.V.Arun, learned counsel for the respondents.

3. The petitioners are defendants in a suit for recovery of possession. The case of the revision petitioners is that second appeal was filed, challenging the concurrent findings of the Trial and the First Appellate Court, directing delivery of possession and an interim was also granted in the second appeal. However, for failure to take steps to implead the legal representatives of the respondent/plaintiff, the second appeal came to be dismissed as abated in the year 2021 and now steps have been taken to set aside the abatement and CMPs are pending in this regard. The learned counsel for the petitioners states that earnest steps have been taken to list the CMPs for the last four weeks and he would therefore seek for the order of delivery being set aside and the revision petition being allowed.

4. Per contra, the learned counsel for the respondents would contend that the property, which was allotted to the respondent/plaintiff in a partition action, had been encroached upon by the petitioners and it is only in respect of recovery of possession of the encroached portion, the suit came to be filed and after trial, the suit was decreed and the first appeal was also dismissed, as against which, no doubt, the second appeal was filed in the year 2008. However, the learned counsel for the respondents contends that even in 2011, the respondent passed

CRP No. 3725 of 2026

away and it was immediately brought to the notice of the revision petitioners, who are the appellants in the second appeal. Despite passage of ten years, no steps were taken by the revision petitioners, which necessitated the Second Appellate Court to dismiss the appeal as abated in the year 2021, finding that steps have not been taken.

5. Now, it is brought to my notice that CMPs have ben filed to set aside the abatement, along with a condone delay application. In view of the fact that the petitioners were aware of the death of the respondent even in the year 2011, I am unable to find any illegality or perversity in the order of the Executing Court, ordering delivery, especially when the second appeal was dismissed and the execution petition itself came to be filed, only after disposal of the second appeal.

6. At the outset, I also do not find any bonafides in the request for the order of delivery being set aside, citing mere pendency of CMPs for setting aside the abatement, condonation of delay and to restore the second appeal to file. However, in view of the fact that the petitioners had the benefit of interim stay right from 2008, when the second appeal was admitted, I am inclined to dispose of the revision petition in the following manner:

i) The order dated 02.06.2026 in E.P.No.17 of 2025 in O.S.No.633 of 1983 on the file of the District Munsif Court, Bhavani, is confirmed. However,

CRP No. 3725 of 2026

the warrant for delivery of possession shall be kept in abeyance for a period of two weeks from the date of receipt of a copy of this order, to enable the petitioners to get appropriate interim orders from the Second Appellate Court, failing which, it shall be open to the Executing Court to proceed with the warrant and ensure that delivery is effected, as directed in the impugned order. No costs. Connected Civil Miscellaneous Petition is closed. 11-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To The District Munsif Court, Bhavani.

CRP No. 3725 of 2026

P.B.BALAJI, J. ATA CRP No. 3725 of 2026 11-08-2026