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Judgment
ORDER
This civil revision petition has been filed to set aside the docket order dated 29.04.2026 passed in E.P.No.177 of 2022 in O.S.No.20 of 2010, pending on the file of the I Additional District and Session Judge, Cuddalore,
The petitioner herein/plaintiff filed a suit in O.S.No.20 of 2010 seeking specific performance against one Nazeer Ahamed. The Trial Court dismissed the above said suit, however, directed the defendant to repay the advance amount of Rs.2,30,000/-, together with interest at the rate of 6% pa. During execution proceedings in E.P.No.177 of 2022, delivery was ordered, against which the present civil revision petition has been filed.
Heard the learned counsel for the parties.
It is brought to my notice that the attempts to challenge the dismissal of the decree for specific performance before this court as well as the Hon’ble Supreme Court have ended unsuccessful as against the revision petitioner. However, the learned counsel for the petitioner brings to my notice that even while declining the relief of specific performance, the Trial Court had granted a decree for refund of advance together with interest at 6% p.a. According to the learned counsel for the petitioner, unless the said amount is refunded to the petitioner, the petitioner is not obligated to vacate and hand over possession, since he has a charge over the property, which was subject matter of the specific performance of the suit.
The learned counsel for the respondents, however, would state that the 7th respondent alone was directed to refund the money and the respondents 1 to 6 are not obligated or liable to refund the amount, as awarded/decreed against the 7th respondent, their brother.
Pursuant to the said proceedings filed by the respondents 1 to 6, they attempted to take possession and the same was resisted by the revision petitioner. As a result of the removal of obstruction application filed by the respondents 1 to 6 being allowed, the present revision petition has been filed.
No doubt as rightly contended by the learned counsel for the respondents, as per the decree, they may not be personally liable to repay the advance to the petitioner, as decreed by the trial Court and affirmed up to the Hon’ble Supreme Court. However, since they are claiming under the very same estate, it is for the respondents 1 to 6 to settle the issue with the 7th respondent, either by paying the amounts to the petitioner to calling upon the 7th respondent, to pay the amount due and payable to the petitioner. In fact, the learned counsel for the petitioner states that the respondents 1 to 6 are even proposing to purchase the share of the 7th respondent. In such event, it is always open to the respondents 1 to 7 to seek adjustment of the amounts to be paid towards the decree amount in favour of the revision petitioner. The learned counsel for the petitioner states that the petitioner has planted casuarina trees and is in the process of harvesting and hence, seeks time till 31.01.2027 to vacate and hand over possession.
The learned counsel for the respondent, opposes the request for time till 31.01.2027 and states that already the petitioner has been called upon to vacate the property, however, he has been protracting even the execution proceedings.
Considering the fact that the amount, that has been directed to be refunded to the petitioner has not been paid as on date, though there are conflicting arguments on either side as to the said amount being tendered and refused, admittedly, today, the amount remains unpaid. Therefore, it is for the respondents 1 to 6 either to pay the amount, as decreed, together with interest at the rate of 6% pa.a. on behalf of the 7th respondent or to compel the 7th respondent to make such payment to the petitioner, before becoming entitled to recovery of possession of the entire property from the petitioner.
In the light of the above, the following order is passed.
The petitioner shall file an affidavit of undertaking that he would vacate and hand over vacant possession of the suit property on or before 31.01.2027.
ii) The respondents 1 to 6 shall refund the amount of Rs.2,30,000/-together with interest at the rate of 6% pa. from the date of plaint till 31.08.2026 to the petitioner by way of Demand Draft.
iii) The photostat copy of the Demand Draft shall be handed over to the counsel for the petitioner on or before 15.01.2026. Across possession being handed over to the respondents 1 to 6, the original of the demand draft shall be released by the counsel for the respondents to the counsel for the petitioner.
iv) In so far as the interse claims between the respondents 1 to 6 and 7th respondent is concerned, in the event of respondents 1 to 6 coming forward to meet the liability of the 7th respondent, then, it shall be open to the respondents 1 to 6 to get an undertaking letter, duly attested before the Notary public, from the 7th respondent, expressing no objection for the petitioner to hand over vacant possession of the entire property to the respondents 1 to 6.
Such copy of the undertaking letter shall be enclosed along with the photostat copy of the demand draft.
vi) The affidavit of undertaking shall be filed in the Registry, after serving copy of the same to the respondents, within a period of two weeks from the date of receipt of copy of the order.
Post the matter for compliance on 01.02.2027.
At the instance of the learned counsel for the petitioner, the matter has been taken up today under the caption “For Being Mentioned”.
Learned counsel for the petitioner submits that in paragraph No.2 of the order dated 01.09.2026, the suit number has been wrongly mentioned as O.S.No.20 of 2010 instead of O.S.No.19 of 2015 and further submits that in clause (iii) of Paragraph No.9, the date of handing over of the Demand Draft has been wrongly mentioned as “15.01.2026” instead of 15.01.2027.
In view of the above submissions, in Paragraph No.2, the suit number shall be read as O.S.No.19 of 2015 and similarly, in clause (iii) of Paragraph No.9, the date of handing over of the Demand Draft shall be read as 15.01.2027.
Registry is directed to issue fresh copy.