C.R.P.No.777 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2023

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

C.R.P.No.777 of 2020

and C.M.P.No.4177 of 2020

Deivasigamani Sadhavarthi Trust,

rep. by its Managing Trustee P.Girija

W/o.Late Parthiban

No.8/A, Manali Estate, Pudupalayam,

Cuddalore - 1.

... Petitioner

-vs-

1.S.Srinivasan

2.S.Kannan (Died)

3.Bharath Petroleum Corporation Limited,

No.1, Ranganathan Garden,

1/2, 11th Main Road, Anna Nagar,

Chennai - 600 040.

4.A.R.Dhamodara Mudaliar

5.Meenakshi

6.Kavitha Kannan

7.Iswarya Kannan

8.Minor Soundharya Kannan

1/11

https://www.mhc.tn.gov.in/judis

C.R.P.No.777 of 2020

9.Minor Parameswar Kannan

10.Andal Damodaran

11.Aswath Narayan

12.Sathyanarayanan

13.Kalpana Sabanayagam

... Respondents

(Respondents 5 to 9 brought on record as LRs of the deceased R2 viz.,

S.Kannan vide Court order dated 23.01.2023 made in C.M.P.Nos.872,

874 and 877 of 2023 in C.R.P.No.777 of 2020 by VBSJ. Respondents 8

and 9 Minor represented by mother and natural guardian R6 Kavitha

Kannan)

(Respondents 10 to 13 brought on record as LRs of the Respondent 4

viz., A.R.Dhamodara Mudaliar vide Court order dated 08.08.2023

made in C.M.P.Nos.904 to 906 of 2023 in C.R.P.No.777 of 2020 by

VLNJ)

PRAYER: Civil Revision Petition filed under Article 227 of the

Constitution of India, pleased to set aside the order and decreetal

order dated 07.08.2019 made in I.A.No.52 of 2019 in O.S.No.119 of

2003 on the file of the Court of the Ist Additional Sub Judge,

Cuddalore.

2/11

https://www.mhc.tn.gov.in/judis

C.R.P.No.777 of 2020

For Petitioner

: Mr.T.P.Manoharan,

Senior counsel

For Respondents : Mr.T.R.Rajagopalan

1 and 2

For Respondent 3: Mr.O.S.Karthikeyan

**********

ORDER

This Civil Revision Petition has been filed to set aside the order

and decreetal order dated 07.08.2019 made in I.A.No.52 of 2019 in

O.S.No.119 of 2003 on the file of the Court of the Ist Additional Sub

Judge, Cuddalore.

2. A third party is the civil revision petitioner. O.S.No.119 of

2003 has a chequered history. The respondents 1 and 2 are the

plaintiffs in O.S.No.119 of 2003. They presented a suit against the 3^rd

and 4^th respondents. According to respondents 1 and 2, the property

originally belonged to Deivasigamani Sadhavarthi trust. The

property was purchased by them pursuant to a judgment and decree

3/11

https://www.mhc.tn.gov.in/judis

C.R.P.No.777 of 2020

in O.S.No.14 of 1997 under the provisions of the Public Trust Act on

06.08.1999. According to them, the property had been leased out to

defendants therein and consequently, they filed a suit for ejectment.

3. The suit was dismissed by the Trial Court holding that the

plaintiffs do not have title. This judgment was rendered on

30.08.2005, against which the first appeal was preferred in A.S.No.02

of 2007 on the file of the Additional District Judge, Fast Track Court-

II, Cuddalore. By judgment dated 15.02.2010, the said first appeal

was dismissed. Aggrieved by the same, the respondents 1 and 2

preferred the Second Appeal in S.A.No.680 of 2011. The second

appeal came up for disposal before this Court on 06.11.2017. At the

time of disposal, this Court held as follows:

"11. Since there is material irregularity in

deciding a non issue, without giving opportunity to

the parties to adduce evidence, a clear miscarriage of

justice had occasioned. Further, while deciding the

4/11

https://www.mhc.tn.gov.in/judis

C.R.P.No.777 of 2020

issue of delivery of possession, it is unnecessary to

go into the validity of the decree passed by the

Court, which has attained finality and also the

validity of the title which is an admitted fact by the

contesting respondents. Therefore also, this Court

is inclined to set aside the order impugned in this

Second Appeal.

12. In such circumstances, this Court,

without going into the oth