Muthuram vs Pushbam
2021 Latest Caselaw 11509 Mad

                                                                      C.R.P.(MD)Nos.827 & 828/2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED:09.06.2021

                                                      CORAM :

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                     C.R.P.(MD)Nos.827 & 828 of 2021(NPD)
                                                     and
                                      C.M.P.(MD)Nos.4462 & 4467 of 2021


                     Muthuram                                          ... Petitioner in
                                                                           both C.R.Ps.

                                                        Vs.
                     Pushbam                                           ... Respondent in
                                                                           both C.R.Ps.

                     COMMON PRAYER: Petitions filed under Section 115 of Civil
                     Procedure Code, to against the fair order and decreetal order dated
                     13.01.2020 passed in E.A.Nos.21 & 22 of 2018 in E.P.No.02 of 2016 in
                     O.S.No.17 of 2009 on the file of District Munsif Court cum Judicial
                     Magistrate Court No.1, Sattur.


                                   For Petitioner     : Mr.K.Sudalaiyandi
                                   (In both C.R.Ps)

                                   For Respondent     : Mr.M.Thirunavukarasu
                                   (In both C.R.Ps)




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                                                                           C.R.P.(MD)Nos.827 & 828/2021

                                                   COMMON ORDER



                                   These revision Petitions have been directed against the orders

                     passed by the Executing Court in E.A.Nos.21 & 22 of 2018 in E.P.No.02

                     of 2016 in O.S.No.17 of 2009, on the file of District Munsif Court cum

                     Judicial Magistrate Court No.1, Sathur. The respondent herein filed the

                     said suit seeking relief of declaration and mandatory injunction. By

                     judgment and decree dated 05.10.2015, the suit was decreed. To execute

                     the same, E.P.No.02 of 2016 was filed. In the said Execution Petition,

                     petitioner herein filed two Execution Applications. One Execution

                     Application was for dismissing the Execution Petition itself. The other

                     Execution Application was for appointing an Advocate Commissioner.

                     Both Execution Applications have been dismissed by the impugned

                     orders. They are put to challenge in these Civil Revision Petitions.



                               2. The learned counsel appearing for the revision petitioner

                     reiterated all the contentions set out in the memorandum of grounds.




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                                                                            C.R.P.(MD)Nos.827 & 828/2021

                               3. I wanted to know whether the judgment and decree obtained by

                     the respondent in her favour has been put to challenge before any

                     appellate Court. The answer is in the negative. When the judgment and

                     decree is very much holding good and appears to have attained finality,

                     the Executing Court cannot go beyond the same. The Executing Court is

                     obliged to give effect to the judgment and decree that is sought to be

                     executed. It is not shown that the judgment and decree is a nullity. In

                     these circumstances, the orders passed by the Executing Court do not call

                     for any interference.



                                   4. Accordingly, these Civil Revision petitions are dismissed. No

                     costs. Consequently, connected miscellaneous petitions are closed.




                                                                             09.06.2021

                     Internet : Yes/No
                     Index : Yes/No
                     vsm

                     To

                     The District Munsif Court cum Judicial Magistrate Court No.1,
                     Sattur.

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                                                   C.R.P.(MD)Nos.827 & 828/2021

                                                G.R.SWAMINATHAN, J.

vsm

C.R.P.(MD)Nos.827 & 828 of 2021(NPD)

09.06.2021

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