BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2024 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(MD)No.428 of 2010 and M.P(MD)No.1 of 2010 in C.R.P(MD)No.330 of 2005 C.R.P(MD)No.428 of 2010:

1.D.Kalidass (Died)

2.K.Kumar ... Petitioners/Respondents 5 & 6 Defendants 5 & 6

3.Janakiammal

4.Vijayalakshmi

5.Manikanda Prabu

6.Vani Devi

7.Saravana Babu ... Petitioners (Petitioners 3 to 7 are brought on record and second petitioner already on record, recorded as legal heirs of deceased first petitioner vide order, dated 22.06.2016 made in M.P(MD)No.1 of 2013 in C.R.P(MD)No.428 of 2010)

Vs.

1.Periyasamy Nadar (Died)

2.Ramakrishna Pillai

3.Pitchaiah 4.Poongodi

5.Chellammal

6.Suseela Raman

7.Kumarasamy ... Respondents 2 to 7/

Respondents 1 to 4, 7 & 8/

Defendants 1 to 4, 7 & 8 (Respondents 2 to 7 were set ex parte in the Lower Court itself and hence they may be dispensed with)

8.Prabhu ... 8^th Respondent (Respondent 8 is brought on record and fifth respondent already on record, recorded as legal heirs of deceased first respondent vide Court order, dated 09.03.2020 made in C.M.P(MD)No.6110 of

2016 in C.R.P(MD)No.428 of 2010)

PRAYER : Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order passed in E.P.No.242 of 2006 in O.S.No.34 of 1999 on the file of the Principal Subordinate Judge, Tirunelveli, dated 19.01.2010.

For Petitioners : Mr.M.P.Senthil R-1 : Died R-2 to R-7 : Ex parte For R-8 : Mr.David Ganesan for Mr.J.Ashok M.P(MD)No.1 of 2010 in C.R.P(MD)No.330 of 2005:

1.Kalidass (Died)

2.K.Kumar

3.Janakiammal

4.Vijayalakshmi

5.Manikanda Prabhu

6.Vanidevi

7.Saravana Babu ... Petitioners (Petitioners 3 to 7 are brought on record as legal heirs of deceased first petitioner vide Court order, dated 07.06.2019 made in M.P(MD)No.1 of 2013 in C.R.P(MD)No.330 of 2005)

Vs.

1.Periyasamy Nadar (Died)

2.Chellammal

3.P.Prabhu ... Respondents (Respondents 2 & 3 are brought on record as legal heirs of deceased sole respondent vide Court order, dated 07.06.2019 made in C.M.P(MD)Nos. 6107 to 6109 of 2016 in C.R.P(MD)No.330 of

2005)

PRAYER : Miscellaneous Petition is filed under Section 151 of the Code of Civil Procedure and under Article 227 of Constitution of India, to direct the respondent herein to comply the order of this Court, dated 07.10.2005 in C.R.P(MD)No.330 of 2005 forthwith in accordance with the memo of compromise, dated 06.10.2005 annexed along with order in C.R.P(MD)No.330 of 2005.

For Petitioners : Mr.M.P.Senthil For R-3 : Mr.David Ganesan for Mr.J.Ashok

COMMON ORDER

One Ramakrishna Pillai and his son Pitchaiah and daughter Poongodi are the original owners of the suit schedule property. They have mortgaged the said property in favour of one Periyasamy Nadar by way of a registered document, dated 16.10.1986. The revision petitioners herein had purchased the property from the said Ramakrishna Pillai and his children by way of a registered sale deed, dated 18.12.1988. The original owners for reasons best known to them have cancelled the sale deed which was executed in favour of the revision petitioners. The revision petitioners have filed O.S.No.619 of 1994 to declare the cancellation of the sale deed as null and void. The said suit was decreed on 01.08.1997 and the same has attained finality.

2. The mortgagees under the mortgage deed, dated 16.10.1986 had filed O.S.No.34 of 1999 before the I Additional Sub Court, Tirunelveli for recovery of money and an ex parte preliminary decree came to be passed on 22.07.1999. In the said suit, the revision petitioners were also parties. A final decree came to be passed on 27.11.2001 in I.A.No.51 of 2000. Thereafter, the revision petitioners herein had filed I.A.No.369 of 2003 for condoning the delay of 1420 days in filing an application to set aside the ex parte decree. This application was dismissed by the Executing Court on 19.07.2004. Challenging the said order, C.R.P(MD)No.330 of 2005 was filed before this Court.

3. Pending revision petition, since the