This Civil Revision Petition has been filed against the order dated 19.06.2015, passed in unnumbered E.A.No. .... of 2015 in E.P.No.17 of 2014 in O.S.No.539 of 1982, by the learned Principal District Munsif, Srivilliputhur.
2.The petitioner is the third party to E.P.No.17 of 2014 in O.S.No.539 of 1982. The petitioner filed E.A. stating that he is in possession of the suit property and his application must be heard and decided on merits with regard to his possession. The learned Principal District Munsif, Srivilliputhur, neither numbered the E.A. nor returned the said application. The learned Principal District Munsif has held that the said E.A. is premature and it can be taken on file and heard and decide the same on merits only when delivery is ordered and the petitioner obstructs delivery and the Amin files his report with regard to the petitioner's objection that he is in possession of the property. The learned Principal District Munsif, has kept the application on file.
3.Against that, the present Civil Revision Petition is filed.
4.I have heard the learned counsel appearing for the parties and perused the materials available on record.
5.From the materials available on record, it is seen that the petitioner has filed the application in E.P. obstructing the delivery on the ground that he is in possession of the property based on the oral lease of the year 1974 and delivery cannot be ordered to the respondents 1 and 2, who are the decree-holders. The learned Principal District Munsif passed an order stating that the said application is premature and will be considered at appropriate stage and kept the E.A. on file and passed an elaborate order to that effect. The learned Principal District Munsif has given cogent and valid reason for not numbering the E.A. at present and the learned Principal District Munsif has also held that the said application will be considered after report of the Court Amin. There is no error or illegality in the said order warranting interference by this Court.
6.In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. The E.P. is of the year 2014 and the decree passed in O.S.No.539 of 1982 is dated 22.12.1983 and the said decree was confirmed by this Court in S.A.(MD)Nos.506 of 507 of 1999, dated 03.01.2014. The learned Principal District Munsif, Srivilliputhur, is directed to dispose of E.P.No.17 of 2014 on merits and in accordance with law, as expeditiously as possible, in any event, not later than 30.04.2017.
To The Principal District Munsif, Srivilliputhur..