Anbalagan vs Jothi ... Plaintiff/Decree ...
2021 Latest Caselaw 11238 Mad

                                                                                  C.R.P.(NPD).No.3464 of 2016


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 30.04.2021

                                                         CORAM

                                     THE HON'BLE Ms. JUSTICE R.N.MANJULA

                                             C.R.P.(NPD).No.3464 of 2016
                                              and C.M.P.No.17662 of 2016

                 Anbalagan                                ...                     Claimant/ Petitioner/
                                                                                  Petitioner /Petitioner
                                                           Vs.
                 1.Jothi                                    ...                Plaintiff/decree holder/
                                                                             st
                                                                            1 respondent /Respondent

                 2.Manivel
                 3.Selvaraj                                     ...       defendants/judgement debtor
                                                                      Respondents 2 and 3/Respondents


                 PRAYER: The Civil Revision Petition filed under Section 115 of Civil

                 Procedure Code, against the judgment and decreetal order of the Subordinate

                 judge, Attur in E.A.95 of 2016 in E.P.26 of 2008 in O.S.3 of 2007 dated

                 9.9.2016.

                                        For Petitioner     : M/S.Abirami for
                                                                M/S.V.Raghavachari.

                                        For Respondents : M/S.Zeenath Begam for R1
                                                           : No Appearance for RR2 and R3



https://www.mhc.tn.gov.in/judis/

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                                                                              C.R.P.(NPD).No.3464 of 2016




                                                      ORDER

(Heard through video conferencing)

This Civil Revision Petition has been filed against the judgment and

decreetal order of the Subordinate judge, Attur in E.A.95 of 2016 in E.P.26 of

2008 in O.S.3 of 2007 dated 9.9.2016.

2. Learned counsel for the petitioner submitted that the Executing Court has

dismissed the petition filed under Section 47 of CPC under a wrong provision.

However, it is seen that an order has already been passed on 15.11.2016 that the

petitioner cannot invoke the Section 47, CPC and the Executing Court ought to

have dismissed the application on that ground. However, the Executing Court has

dismissed the application for some other reason. So observations has been made

that the petitioner is at liberty to file an application under Order 21 of Rule 97 of

CPC before the Executing Court itself. However notice was ordered to be sent to

the respondents just for the purpose of keeping the respondents also on notice

about the development.

3. After notice, R1 appeared through counsel. Notice served to R2 and R3

through Court, but no one had entered appearance for R2 and R3. Since the

process of issuing notice to the respondents has been completed, this Civil https://www.mhc.tn.gov.in/judis/

C.R.P.(NPD).No.3464 of 2016

Revision Petition is closed, by giving liberty to the petitioner to file a petition

under Order 21 of Rule 97 of CPC before the Executing Court itself and agitate

his contentions there. No cost. Consequently, connected Civil Miscellaneous

Petition in C.M.P.No.17662 of 2016, is also closed.

30.04.2021 Speaking/Non-speaking Index : Yes/No Internet : Yes/No

Jrs

To

1.The Subordinate judge, Attur.

2.The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis/

C.R.P.(NPD).No.3464 of 2016

R.N.MANJULA,J.

jrs

C.R.P.(NPD).No.3464 of 2016 and C.M.P.No.17662 of 2016

30.04.2021

https://www.mhc.tn.gov.in/judis/