1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.291 of 2011 and MISCELLANEOUS PETITION No.2 of 2011 1.Rajamma 2.Saratha 3.Swarna Bai .. Petitioners/Respondent 13 to 15/Respondents 3 to 5/ Plaintiffs 3 to 5 Vs. 1.Rajayyan 2.Thankaraj 3.Thankayyan Nadar 4.Kamalian 5.Rethinaswamy Nadar 6.Kumaraswamy 7.Kannuswamy 8.Thankappan 9.Velappan 10.Mohanan 11.Victorial Chellan Nadar (died) 12.Bhagavathi Ayyavu Nadar (died) 13.Chellayyan Nadar Santhakumari (died) 14.Innasi 15.Thankam Nadar 16.Thankaraj Nadar 17.Sankaran Nadar 18.Thankayyan Nadar 19.Ramayyan 20.Dhasan 21.Ayyappan 22.Kumaraswamy 23.Muthayyan 24.Kumari Sunitha 25.Kumari Beena .. Respondents /Petitioners and Respondents 1 to 12 and 16 to 30/11th Petitioner / Petitioners 1 to 10 Respondent 1, 2 and 6 to 20. (Respondents 2 to 25 are given up) Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the fair and decretal order dated 09.04.2010 passed in Execution Application No.281 of 2009 in Execution Petition No.14 of 2005 in Original Suit No.139 of 1981 by the Principal District Munsif Court, Kuzhithurai. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioners : Mr.K.N.Thampi For Respondent No.1 : Mr.M.P.Senthil Respondent 21 to 25 : Given up. ORDER This Civil Revision Petition has been directed against the order dated 09.04.2010 passed in Execution Application No.281 of 2009 in Execution Petition No.14 of 2005 in Original Suit No.139 of 1981 by the Principal District Munsif Court, Kuzhithurai. 2. The revision petitioners and others as plaintiffs have instituted Original Suit No.139 of 1981 on the file of the Court below for the reliefs of partition and separate possession of their shares, wherein both preliminary as well as final decrees have been passed and the same have been put into execution in Execution Petition No.14 of 2005. During pendency of the same, the present petition has been filed in Execution Application No.281 of 2009 under Section 152 of the Code of Civil Procedure, 1908 praying to amend the Survey Number of the suit property in view of the particulars given by the Advocate Commissioner in his report. The Court below has allowed the same. Against the order passed by the Court below, this Civil Revision Petition has been preferred. 3. The revision petitioners and others as plaintiffs have instituted Original Suit No.139 of 1981 on the file of the Court below for the reliefs of partition and separate possession of their shares in respect of Suvey No.1518/B. In fact, in the plaint proper four boundaries have been given. The present petition has been filed stating that actual Re-Survey Number is 243/4A and not 234/4A and the Advocate Commissioner has erroneously mentioned as 234/4A. Under the said circumstances, amendment has to be made in the property description with regard to re- survey number. The Court below has allowed the same. 4. The learned counsel appearing for the revision petitioners has contended that actually the suit property is comprised in R.S.No.234/4A and not in R.S.No.243/4A and therefore the present petition is not legally maintainable and the Court below has failed to consider the same. 5. In the decree, it has been clearly stated that suit property is comprised in old Survey No.1518/B and clear four boundaries have been given to the suit property. Considering the fact that in the decree only old Survey No.1518/B has been mentioned with clear four boundaries, the Court below can be directed to proceed further only on the basis of particulars given in the decree and further no Re-Survey Number has been mentioned either in the decree or in the plaint. Under the said circumstances, the present petition is totally unwarranted. But the Court below without considering the above factual aspects has erroneously allowed the present petition and therefore the order passed by the Court below is liable to be set aside. 6. In fine, this Civil Revision Petition is allowed without costs and the impugned order passed in Execution Application No.281 of 2009 in Execution Petition No.14 of 2005 in Original Suit No.139 of 1981 by the Principal District Munsif Court, Kuzhithurai is set aside and the petition filed in Execution Application No.281 of 2009 is dismissed without costs. https://hcservices.ecourts.gov.in/hcservices/ 3 The Principal District Munsif Court, Kuzhithurai is directed to proceed further only on the basis of description of property given in the decree. Consequently, connected Miscellaneous Petition is closed. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR smn To The Principal District Munsif, Kuzhithurai. 1CC TO M/S. K.N. THAMBI, ADVOCATE, SR: 9088: 1CC TO M/S. M.P. SENTHIL, ADVOCATE, SR: 9137: DM:2011:MARCH:07: C.R.P(NPD)(MD)No.291 of 2011 and M.P(MD)No.2 of 2011 17.02.2011 3P:4C:: https://hcservices.ecourts.gov.in/hcservices/