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2023 DAILYLAW 5055 (MAD)

MANIVANNAN v. Bhuvana

CRP/3283/2023 · 2026-06-18

T V Thamilselvi

Transfer Petitionbody2023

Judgment text

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CRP No. 3283 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-06-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 3283 of 2023 1. Manivannan S/o. Ramasamy, No.50, Theerthakulam Veethi Annai Indira Nagar, manaveli, Ariyankuppam, Pondicherry. and 2 Others 2. Jaya W/o. Manivannan, No.50, Theerthakulam Veethi Annai Indira Nagar, manaveli, Ariyankuppam, Pondicherry. 3. R. Ramajayam S/o. Ramasamy, 1/15, Nagathamman St, Nagathamman Nagar, Kottupalayam, Lawspet, Pondicherry. Petitioner(s) Vs 1. Bhuvana W/o. Phazhanivelu, No.3, Nagathamman nagar, Kottupalayam, Pondicherry. Respondent(s) Revision filed under Article 227 of Constitution of India against the confirmation of Principal District and Sessions Judge, Pondicherry by its judgment dated 07.12.2022 made in Un-numbered Crl.A.No./2022 against the order made by the Judicial Magistrate No.I, Pondicherry vide its order dated 08.06.2018 made in DVC No.23 of 2017. For Petitioner(s): M/s.S.M. Nandhie Devhan For Respondent(s): No appearance 1/4 https://www.mhc.tn.gov.in/judis CRP No. 3283 of 2023 ORDER Challenging the order passed in Crl.M.P.No.700 of 2022 in Un-numbered Crl.A.No./2022 dated 07.12.2022, the appellants have preferred the above revision. 2. The respondent in this revision is the sister of the 1st and 3rd appellants. Before the trial Court, the appellants challenged the findings of the trial Court in DVC No.23 of 2017 on the file of Judicial Magistrate No.I, Puducherry, The petition was allowed, against which the revision petitioners/appellants have preferred an appeal in Crl.M.P.No.700 of 2022 in Unnumbered Appeal No../2022 with a delay of 1340 days. The appellate court dismissed the petition stating that the appellants/revision petitioners have not shown sufficient cause for the delay. Aggrieved by the same, the present revision has been filed. 3. Learned counsel for the revision petitioners submits that as on date, the respondent is in possession of the property and the revision petitioners have not caused any interference as per the assurance given before the trial Court. 4. Notice served and none appeared for the respondent. 2/4 https://www.mhc.tn.gov.in/judis CRP No. 3283 of 2023 5. The fact that the revision petitioners 1 and 3 are the brothers of the respondent and there is a dispute between then in respect of the property which was settled in favour of the respondent by their mother. Admittedly, in DVC No.23/2017 filed by the respondent herein, the trial Court allowed the petition by restraining the revision petitioners from interfering with the peaceful possession and enjoyment of the respondent herein and also directed the revision petitioners to handover the jewels of 30 sovereigns presented by the respondent’s father which are kept under the custody of the revision petitioners and also directed the Station House Officer, Lawspet PS to assist in implementation and execution of the court orders. The revision petitioners preferred an appeal stating that they are not in possession of jewels as alleged by the respondent/sister and without any documentary proof, the trial Court ordered return of jewels and they are having valid defence to prove their case. 6. Considering the facts and circumstances of the case, this Court is inclined to give one more opportunity to the revision petitioners to put forth their case, otherwise, their valuable right of defence will be defeated. 7. Accordingly, the civil revision petition is allowed and since there is a delay 3/4 https://www.mhc.tn.gov.in/judis CRP No. 3283 of 2023 T.V.THAMILSELVI.,J sr of 1340 days. the revision petitioners are directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand Only) to the credit of Crl.M.P.No.700 of 2022 on the file of Principal District and Session Court, Puducherry within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the Principal District and Sessions Court, Puducherry is directed to number the appeal and dispose of the same on merits and in accordance with law. 8. The revision petitioners are directed not to make any interference in the peaceful possession and enjoyment of the property where the respondent is residing till the appeal is disposed of . No costs. 18.06.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To The Principal District and Sessions Court, Pondicherry CRP No.3283 of 2023 4/4 https://www.mhc.tn.gov.in/judis