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2025 DAILYLAW 6355 (MAD)

PREMLATA BOKADIA v. N. Jayamma (Died) 1. N. Sathya Prema

CRP/6309/2025 · 2026-06-04

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

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CRP No. 6309 of 2025 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 6309 of 2025 AND CMP NO. 31281 OF 2025 1. Premlata Bokadia W/o. late. Kushal Raj Bokadia, No.H-5, TNHB , Avalapalli Housing Board, Bagalur Main Road, Hosur Town and Taluk, Krishnagiri Dt. 2. Sweety Devi W/o. Prakash Balar, D/o. late. Kushal Raj Bokadia, No.H-5, TNHB , Avalapalli Housing Board, Bagalur Main Road, Hosur Town and Taluk, Krishnagiri Dt. 3. Vipin Bokadia S/o. late. Kushal Raj Bokadia, No.H-5, TNHB , Avalapalli Housing Board, Bagalur Main Road, Hosur Town and Taluk, Krishnagiri Dt. 4. Shalini Bokadia D/o. late. Kushal Raj Bokadia, No.H-5, TNHB , Avalapalli Housing Board, Bagalur Main Road, Hosur Town and Taluk, Krishnagiri Dt. ..Petitioner(s) Vs N. Jayamma (Died) 1. N. Sathya Prema D/o. Narayana Reddy, Koramangalam Bangalore Dt, Karnataka. https://www.mhc.tn.gov.in/judis CRP No. 6309 of 2025 __________ Page2 of 8 2. S. Lavanya W/o. Shankara Reddy, No.59, Sri Raavendra Nilaya, 13th Main, 7th Sector, HSR Layout, Bangalore, Karnataka. 3. N. Venkatasamy Reddy S/o. Narayana Reddy, Bommandapalli Village, Hosur Taluk, Krishnagiri Dt. 4. Malligamma W/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 5. Puttamma D/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 6. Basavaraj S/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 7. Easwar S/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 8. Gayathri D/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 9. Siva Kumar S/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 10.Manjunath S/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 11.Dhanalakshmi D/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. https://www.mhc.tn.gov.in/judis CRP No. 6309 of 2025 __________ Page3 of 8 12.Sudhakar S/o. Late. Annaiachari, Sugunamurthy Matam St, Hosur Town and Taluk, Krishnagiri Dt. 13.Narayana Reddy S/o. Linga Reddy, Mookandapalli Village, Hosur Town and Taluk, Krishnagiri Dt. 14.Venugopal Reddy S/o. Marappa Reddy, 81, Weavers Street, Hosur Town and Taluk, Krishnagiri Dt. 15.Babu Reddy S/o. Naraynareddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 16.Sekar Reddy S/o. Naraynareddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 17.Nalini D/o. Naraynareddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 18.Jayamma W/o. Srirama Chetty, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 19.Shanthamma W/o. Late. Venkatasamy Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 20.Babu Reddy S/o. Late. Venkatasamy Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, https://www.mhc.tn.gov.in/judis CRP No. 6309 of 2025 __________ Page4 of 8 Krishnagiri. 21.Manohar Reddy S/o. Late. K. Venkatasamy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 22.Nanjamma W/o. Ramachandra Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 23.Siddamma Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 24.Ramesh Reddy S/o. Nanjunda Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 25.Veera Reddy S/o. Nanjunda Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 26.Umesh Reddy S/o. Nanjunda Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. Kusal Raj (Died) 27.Yellah Reddy S/o. Nanja Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 28.Vijaya Rani S/o. Venkatasamy Reddy, Ram Nagar, Hosur https://www.mhc.tn.gov.in/judis CRP No. 6309 of 2025 __________ Page5 of 8 Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 29.Mahendrakumar S/o. Venkatasamy Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 30.Sumalatha D/o. Venkatasamy Reddy, Ram Nagar, Hosur Town and Taluk, Krishnagiri Dt, Bommandapalli Village, Hosur Taluk, Krishnagiri. 31.Sudha W/o. Ramesh Reddy, No.2/55-1, Bommandapalli Village, Kothagondapalli Post, Hosur Taluk, Krishnagiri Dt. 32.Minor. R. Dhanajaya Reddy No.2/55-1, Bommandapalli Village, Kothagondapalli Post, Hosur Taluk, Krishnagiri Dt. (Minor rep by his next friend mother Sudha) ..Respondent(s) PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order of the Executing Court dated 18.6.2025 made in EA.No.6/2025 in EP.No. 28/2021 on the file of the Additional Subordinate Court, Hosur. For Petitioner(s): Mr.Ralph V.Manohar ORDER Challenging the impugned order dated 18.06.2025 passed in EA.No.6/2025 in EP.No. 28/2021 on the file of the Additional Subordinate Court, Hosur, the respondents 30 to 33 have preferred this revision petition. https://www.mhc.tn.gov.in/judis CRP No. 6309 of 2025 __________ Page6 of 8 2. They filed an application before the trial court under Section 47 of CPC raising objection in respect of existence of the superstructure in schedule 'B' item 2 of the property which was allotted to the share of the decree holder / plaintiffs 2 and 3. According to petitioner there is superstructure in the suit property, which was not been mentioned in the Commissioner report, therefore, they raised objection. However, on hearing both sides, the learned judge held that whether it is vacant land or superstructure, as per the final decree, the said properties were allotted to the respondents 2 and 3, namely, plaintiffs 2 and 3. Even before the trial court these petitioners, namely, respondents 30 to 33, who are the purchaser of the property, have not raised objection. As on date the final decree and preliminary decree are in force. Therefore, the objections submitted on the side of the respondents are unsustainable, accordingly, it was dismissed and concluded that the final decree is executable one. Aggrieved over the same, the respondents 30 to 33 have preferred this revision. 3. Admittedly, these revision petitioners are respondents 30 to 33 in the final decree application and they have neither raised any objection to the Commissioner report nor they have challenged the final decree as on date. Based on the Commissioner report final decree was passed by the trial court in IA No.614 of 2013 in OS No.25 of 2024. So, in all the proceedings they were set ex parte. Now at the time of the execution of the decree they have come https://www.mhc.tn.gov.in/judis CRP No. 6309 of 2025 __________ Page7 of 8 forward Section 47 of CPC application raising objections as such is not permissible and the order passed by the trial court requires no interference and therefore the revision is not sustainable in law. 4. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MTL To 1. The Additional Subordinate Court, Hosur. https://www.mhc.tn.gov.in/judis CRP No. 6309 of 2025 __________ Page8 of 8 T.V.THAMILSELVI J. MTL CRP No. 6309 of 2025 AND CMP NO. 31281 OF 2025 04-06-2026 https://www.mhc.tn.gov.in/judis