1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.2361 of 2011 and MISCELLANEOUS PETITION No.2 of 2011 Kaliarasu .. Petitioner Vs. 1.Natesan 2.Akilandam 3.Rajamani Ammal 4.Nallammal 5.Rajagopal 6.Ponraman 7.Nallaiyan .. Respondents Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the order dated 04.11.2011 passed in Execution Petition No.95 of 2007 in Original Suit No.258 of 1983 by the District Munsif Court, Thanjavur. For Petitioner : Mr.R.Nandakumar ORDER The order dated 04.11.2011 passed in Execution Petition No.95 of 2007 in Original Suit No.258 of 1983 by the District Munsif Court, Thanjavur is being challenged in the present Civil Revision Petition. 2. The respondents 1 and 2 herein as plaintiffs have instituted Original Suit No.258 of 1983 on the file of the Court below for getting a preliminary decree in respect of their shares in the suit properties, wherein a preliminary decree has been passed and subsequently a separate petition has been filed for getting final decree and the same has also been passed and in pursuance of the same, Execution Petition No.95 of 2007 has been filed, wherein a memo has been filed so as to amend the property description mentioned in Execution Petition No.95 of 2007 and the same has been allowed and against the order passed therein, the present Civil Revision Petition has been filed. 3. Considering the nature of the decrees passed in Original Suit No.258 of 1983 and also considering the nature of the relief sought for in Execution Petition No.95 of 2007 and the order passed in the memo filed on the side of the respondents 1 and 2 herein, notice need not be sent to the respondents and this Civil Revision https://hcservices.ecourts.gov.in/hcservices/ 2 Petition is disposed of on merits at the stage of admission on the basis of the contentions putforth on the side of the revision petitioner. 4. The learned counsel appearing for the revision petitioner has contended that the proposed amendments mentioned in the memo are not in pursuance of the details found in the final decree and the memo in question has been allowed without giving sufficient opportunity to the contesting respondents and therefore the order passed in the memo filed in Execution Petition No.95 of 2007 is liable to be set aside. 5. As stated earlier, Execution Petition No.95 of 2007 has been filed only on the basis of final decree passed in Original Suit No.258 of 1983. Under the said circumstances, the petitioners in Execution Petition No.95 of 2007 are entitled to get the relief sought for therein only on the basis of the final decree passed in Original Suit No.258 of 1983. If there is any deviation from the purview of final decree passed in Original Suit No.258 of 1983, the relief sought for in Execution Petition No.95 of 2007 cannot be granted. However the memo filed in Execution Petition No.95 of 2007 has been allowed and thereby allowed some amendments in the property description mentioned in Execution Petition No.95 of 2007. 6. Considering the fact that the memo filed in Execution Petition No.95 of 2007 has been allowed without giving opportunity to the contesting respondents, this Court is of the view that the contesting respondents can file additional counter in Execution Petition No.95 of 2007 and the Court below can be directed to grant the relief sought for in Execution Petition No.95 of 2007 only on the basis of the final decree. With the above observations, this Civil Revision Petition deserves to be dismissed. 7. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the order passed in Execution Petition No.95 of 2007 in Original Suit No.258 of 1983 by the District Munsif Court, Thanjavur is confirmed. However the revision petitioner is at liberty to file additional counter and the District Munsif Court, Thanjavur is directed to grant the relief sought for in Execution Petition No.95 of 2007 only on the basis of the final decree. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The District Munsif Court, Thanjavur. +1cc to Mr.R.Nandakumar, Advocate Sr.no.44800 smn ssk/03.01.2012 /3c-2p/- C.R.P(NPD)(MD)No.2361 of 2011 and M.P(MD)No.2 of 2011 20.12.2011 https://hcservices.ecourts.gov.in/hcservices/