C.R.P.No.4229 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 17.10.2025 CORAM: THE HONOURABLE MR.JUSTICE P.B.BALAJI C.R.P.No.4229 of 2025 V.Durairaj ... Petitioner Vs. Malarviz Edwin (Died) 1. K.D.Durairaj 2. G.S.Liyagath Ali S.Abubucker (Died) 3. A.Shakila 4. K.Shabiha 5. K.Bhajiha 6. A.Rabiha ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the E.P. order passed by the learned Principal District Munsif, Kallakurichi made in E.P.No.18 of 2025 n O.S.No.224 of 2010 dated 12.08.2025 consequently issue suitable direction to the 1/4 https://www.mhc.tn.gov.in/judis C.R.P.No.4229 of 2025 learned Principal District Munsif, Kallakurichi, to decide the E.P.No.18 of 2025 on merits affording opportunity to the petitioner. For Petitioner : Mr.T.Dhanasekaran For Respondents : R1 to R2 Given up R3 to R6 no appearance O R D E R This Civil Revision Petition has been filed to set aside the order dated 12.08.2025 in E.P.No.18 of 2025 in O.S.No.224 of 2010 passed by the learned Principal District Munsif, Kallakurichi and to issue suitable direction to the learned Principal District Munsif, Kallakurichi, to decide the E.P.No.18 of 2025 on merits affording opportunity to the petitioner. 2. The decree holder is the revision petitioner. The decree holder sought to execute the decree in O.S.No.224 of 2010 and filed an Execution Petition in E.P.No.18 of 2025. However, the Executing Court has dismissed the Execution Petition finding that there is no prayer for mandatory injunction directing removal of the encroachment in the suit property. 3. The learned counsel for the petitioner states that the petitioner is 2/4 https://www.mhc.tn.gov.in/judis C.R.P.No.4229 of 2025 willing to seek amendment of the decree before the Trial Court to enable him effectively to execute decree in the suit in O.S.No.224 of 2010. 4. In the light of the above and considering that the suit is of the year 2010, liberty is granted to seek amendment of the decree before the Trial Court in the event of the petitioner moving any application for amendment within a period of three weeks from the date of receipt of a copy of this order. Such application shall be disposed of by the Trial Court expeditiously preferably within a period of two weeks thereafter. 5. With the above directions, this Civil Revision Petition is disposed of. No costs. 17.10.2025 Index : Yes/No Neutral Citation : Yes/No Speaking/Non-Speaking Order kv P.B.BALAJI, J. kv 3/4 https://www.mhc.tn.gov.in/judis C.R.P.No.4229 of 2025 To The Principal District Munsif, Kallakurichi. C.R.P.No.4229 of 2025 17.10.2025 4/4 https://www.mhc.tn.gov.in/judis