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S. M. SUBRAMANIAM
Durai Kuppusamy – Appellant
Versus
Abdul Sukur – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order of the Learned District Munsif, Arakkonam dated 30.06.2022 made in E.P.No.19 of 2020 in O.S.No.452 of 1986.
The Civil Revision Petition has been filed to set aside the order of the Learned District Munsif, Arakkonam dated 30.06.2022 made in E.P.No.19 of 2020 in O.S.No.452 of 1986.
2. The revision petitioner is the second defendant/judgment debtor No.2 in the suit. The 1st respondent is the plaintiff/decree holder and the suit was instituted by the first respondent herein for recovery and possession, which was decreed in his favour in the year 2010. The first respondent/decree holder filed Execution Petition in E.P.No.19 of 2020 in O.S.No.452 of 1986 and the said Execution Petition was ordered by the Executing Court on 30.06.2022. The decree was directed to be executed in the interest of justice and delivery was ordered by 27.07.2022. Challenging the said order dated 30.06.2022, the present Civil Revision Petition is filed.
3. The learned counsel for the revision petitioner mainly contended that a surveyor is to be appointed to measure the boundaries of the subject property
Once a decree becomes final and specifies a period for execution, the parties are bound to execute it within that period.
An execution decree remains executable even if the specified survey number is found to be non-existent, provided that the physical boundaries of the disputed property are clearly defined and verifiab....
The court affirmed that prohibitory injunctions can be enforced despite ongoing disputes, ensuring that decree holders can secure their rights.
Decrees regarding immovable property must be upheld despite minor identification errors, allowing for amendments under CPC to ensure proper execution.
Court emphasized that amendments to execution petitions for clarity do not alter property identity and are permissible.
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