1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION Nos.2083 and 2084 of 2011 and MISCELLANEOUS PETITION Nos.2 and 2 of 2011 CIVIL REVISION PETITION No.2083 of 2011: Kathoonbi (Kaithoonbi) .. Petitioner Vs. Mohammed Ibrahim (died) 1.Rehima Bee 2.Mohammed Ghouse 3.Mohammed Haneefa 4.Mohammed Hussain 5.Mohammed Ali 6.Mohammed Anvar Basha 7.Shajathi Bi 8.Mehrunnisa 9.Sharfunnisa 10.Nasini Abdul Kareem (died) 11.Uddin @ Amirudeen Zamarathi Bi (died) Noor Bi (died) Makka Bi (died) Gita @ Mohammed Ghouse (died) 12.Pinna 13.Saibunnissa 14.Mehrunnissa 15.Batcha @ Bashoo 16.Sabira Bi https://hcservices.ecourts.gov.in/hcservices/ 2 17.Bee 18.Ameer Basha 19.Zaibunissa 20.Shakila 21.Mohammed Arif Naar 22.Shamsunnisa 23.Zahir Hussain 24.Sadiq Basha 25.Akthari 26.Saleem Basha 27.Farida Begum 28.Mumtaz 29.Patel Basha 30.Zafar Sadiq 31.Nargeesh Banu 32.Shahira Banu 33.Faridha Banu .. Respondents . Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the order dated 20.09.2011 passed in Execution Petition No.722 of 1987 in Original Suit No.1818 of 1967 by the District Munsif Court, Tiruchirappalli. For Petitioner : Mr.K.K.Senthil For Respondents : Mr.K.S.Sankhar Murali 3 and 5 to 10 CIVIL REVISION PETITION No.2084 of 2011: Ameer Basha .. Petitioner Vs. Mohammed Ibrahim (died) 1.Rehima Bee 2.Mohammed Ghouse 3.Mohammed Haneefa https://hcservices.ecourts.gov.in/hcservices/ 3 4.Mohammed Hussain 5.Mohammed Ali 6.Mohammed Anvar Basha 7.Shajathi Bi 8.Mehrunnisa 9.Sharfunnisa 10.Nasini Abdul Kareem (died) 11.Uddin @ Amirudeen Zamarathi Bi (died) Noor Bi (died) Makka Bi (died) Gita @ Mohammed Ghouse (died) 12.Pinna 13.Saibunnissa 14.Kaithoon Bi 15.Mehrunnissa 16.Batcha @ Bashoo Siboon Bi (died) 17.Sabira Bi 18.Bee 19.Zaibunissa 20.Shakila 21.Mohammed Ariff Naar 22.Shamsunnisa 23.Zahir Hussain 24.Sadiq Basha https://hcservices.ecourts.gov.in/hcservices/ 4 25.Akthari 26.Saleem Basha 27.Farida Begum 28.Mumtaz 29.Patel Basha 30.Zafar Sadiq 31.Nargeesh Banu 32.Shahina Banu 33.Faridha Banu .. Respondents Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the order dated 20.09.2011 passed in Execution Petition No.723 of 1987 in Original Suit No.1818 of 1967 by the District Munsif Court, Tiruchirappalli. For Petitioner : Mr.K.K.Senthil For Respondents : Mr.K.S.Sankhar Murali 3 and 5 to 10 COMMON ORDER These Civil Revision Petitions have been preferred against the orders passed in Execution Petition Nos.722 and 723 of 1987 in Original Suit No.1818 of 1967 by the First Additional District Munsif Court, Tiruchirappalli. 2. The respondents herein as plaintiffs have instituted Original Suit No.1818 of 1967 on the file of the Court below for the reliefs of recovery of possession and for mandatory injunction in respect of the properties mentioned therein, wherein the present revision petitioners have been shown as ninth and fifteenth defendants. In Execution Petition 722 and 723 of 1987, relevant orders have been passed. As against the orders passed in Execution Petition Nos.722 and 723 of 1987 by the Executing Court, these Civil Revision Petitions have been preferred at the instance of the revision petitioners. 3. The only contention putforth on the side of the revision petitioners is that during pendency of Execution Petition Nos.722 and 723 of 1987, the revision petitioners as petitioners have filed Execution Application Nos.987 and 989 of 2011 under Section 47 of the Code of Civil Procedure, 1908 and the same have been dismissed, wherein it has been clearly observed to the effect that the suit property has to be identified either with the aidance of Village Administrative Officer or surveyor and the same has not been mentioned in the orders passed in Execution Petition Nos.722 and 723 of 1987 and therefore the impugned orders passed by the Executing Court in Execution Petition Nos.722 and 723 of 1987 are liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 5 4. The learned counsel appearing for the contesting respondents in both the Civil Revision Petitions has befittingly contended that after passing orders in Execution Petition Nos.722 and 723 of 1987, a petition has been filed on 04.11.2011 so as to identify the properties mentioned in Execution Petition Nos.722 and 723 of 1987 with the assistance of surveyor and the same is pending and under the said circumstances the objection raised on the side of the revision petitioners cannot be entertained. 5. Of course it is true that in Execution Application Nos.987 and 989 of 2001, an observation has been made to the effect that the disputed properties have to be identified with the aidance of surveyor or Village Administrative Officer. Under the said circumstances, the petitioners in Execution Petition No.722 and 723 of 1987 have filed a separate petition so as to utilise the assistance of Village Administrative Officer or surveyor. In the orders passed in Execution Petition Nos.722 and 723 of 1987, no specific direction has been given with regard to service of surveyor or Village Administrative Officer. 6. Considering the fact that the petitioners in Execution Petition Nos.722 and 723 of 1987 themselves have taken proper steps so as to secure assistance of Village Administrative Officer or surveyor by way of filing a separate petition and the same is pending, it is needless to say that these Civil Revision Petition are totally unwarranted. Since these Civil Revision Petitions are totally unwarranted, the same are liable to be dismissed. 7. In fine, with the above observations, these Civil Revision Petitions are dismissed without costs. However the First Additional District Munsif Court, Tiruchirappalli is directed to pass suitable order in the petition filed by the petitioners in Execution Petition Nos.722 and 723 of 1987 and to proceed further and also directed to pass final order before the end of December, 2011. Consequently, connected Miscellaneous Petitions are dismissed. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To The First Additional District Munsif Court, Tiruchirappalli. +2ccs to Mr.K.K.Senthil, Advocate, SR.No.39462 GH : 07.12.2011: 5p/4c COMMON ORDER MADE IN C.R.P(NPD)(MD)Nos.2083 and 2084 of 2011 and M.P(MD)Nos.2 and 2 of 2011 14.11.2011 https://hcservices.ecourts.gov.in/hcservices/