Lakshmi Ammal vs M/S.Srinivasa Warping And Sizing ...
2021 Latest Caselaw 12897 Mad

                                                                          C.R.P.(N.P.D).No.2447 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 01.07.2021

                                                     CORAM

                                   THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

                                            C.R.P.(NPD) No.2447 of 2018
                                                       and
                                               CMP No.14988 of 2018
                     Lakshmi Ammal                                  ...          Petitioner
                                                        Vs

                     1. M/s.Srinivasa Warping and Sizing Mills
                     rep by its partner K.R.Palanisamy
                     Kutharaipallam, Karuvemppampatti Village,
                     Tiruchengode Taluk,
                     Namakkal District.

                     2. Srinivasa Warping and Sizing Mills,
                     rep by its partner R.Srinivasan
                     Door No.47C, Kumarespuram,
                     Tiruchengode Taluk,
                     Namakkal District.
                     [2nd respondent is impleaded as a party
                     vide Court order dated 01.07.2021 in
                     CMP No.4260 of 2021 in CRP.No.2447 of 2018] ...      Respondents
                     Prayer :- Civil Revision Petition is filed under Article 227 of the
                     Constitution of India to set aside the fair and decreetal order dated
                     04.04.2018 made in R.E.A.No.58 of 2017 in R.E.P.No.61 of 1993 in
                     O.S.No.275 of 1987 on the file of the Principal District Munsif,
                     Tiruchengode.


                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                                C.R.P.(N.P.D).No.2447 of 2018

                                   For Petitioner      :   Mr.P.Tamilavel
                                   For R1              :   No appearance
                                   For R2              :   Mr.T.L.Thirumalaisamy

                                                          ORDER

This Civil Revision Petition is filed against the fair and decreetal

order dated 04.04.2018 made in R.E.A.No.58 of 2017 in R.E.P.No.61 of

1993 in O.S.No.275 of 1987 on the file of the Principal District Munsif,

Tiruchengode, thereby dismissing the petition to dispose the Execution

Petition and to implead the present partners to the respondent firm.

2. On perusal of the records, the petitioner is the Judgment

Debtor. The main contention of the petitioner is that there has been change

in the constitution of the partnership firm and therefore the present

Execution Petition is not maintainable. It is further stated that as if the

decree was passed only as ex-parte decree. Though, it was an ex-parte

decree and executable one, while pending the present Civil Revision

Petition, a partner filed a petition to implead himself as second respondent

in the present Civil Revision Petition. Further he also filed a petition

before the Execution Court, to implead himself as a party to the partnership

firm. This Court allowed the petition and impleaded as second respondent

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.2447 of 2018

in the present Civil Revision Petition.

3. Accordingly, this Court finds no infirmity or illegality in the

order passed by the Court below. Hence, the Civil Revision Petition is

dismissed. No order as to costs. Consequently, connected Miscellaneous

Petition is closed.

01.07.2021

lpp

Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

To

The Principal District Munsif, Tiruchengode.

G.K.ILANTHIRAIYAN,J.

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.2447 of 2018

lpp

C.R.P.(NPD) No.2447 of 2018 and CMP No.14988 of 2018

01.07.2021

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