Madras High Court
Devakani vs Kalaimagal Sabha on 30 June, 2021
C.R.P.NPD.Nos.3081 & 3082 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.NPD.Nos.3081 & 3082 of 2018
and
C.M.P.Nos.17798 & 17803 of 2018
C.R.P.NPD.No.3081 of 2018
Devakani ... Petitioner
Vs.
1.Kalaimagal Sabha,
Rep.by its Joint Receiver,
No.48, North Usman Road,
T.Nagar, Chennai – 600 017.
2.Santhanam
3.Andal ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the Fair and Decretal Order dated
06.07.2018 passed in E.A.No.139 of 2017 in E.A.No.14 of 2017 in
E.A.No.92 of 2010 in E.P.No.14 of 2004 in O.S.No.124 of 2001 on the file
of the learned Subordinate Judge, Maduranthakam and allow the civil
revision petition.
For Petitioner : Mr.Raghavan for
Mr.M.Raja
For Respondents : Mr.C.V.Vijayakumar (for R-1)
Mr.J.Arun Prasad
(for R-2 and R-3)
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C.R.P.NPD.Nos.3081 & 3082 of 2018
C.R.P.NPD.No.3082 of 2018
Devakani ... Petitioner
Vs.
1.Kalaimagal Sabha,
Rep.by its Joint Receiver,
No.48, North Usman Road,
T.Nagar, Chennai – 600 017.
2.Santhanam
3.Andal ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the Fair and Decretal Order dated
06.07.2018 passed in E.A.No.138 of 2017 in E.A.No.13 of 2017 in
E.A.No.93 of 2010 in E.P.No.14 of 2004 in O.S.No.124 of 2001 on the file
of the learned Subordinate Judge, Maduranthakam and allow the civil
revision petition.
For Petitioner : Mr.Raghavan for
Mr.M.Raja
For Respondents : Mr.C.V.Vijayakumar (for R-1)
Mr.J.Arun Prasad
(for R-2 and R-3)
COMMON ORDER
These Civil Revision Petitions are directed as against the fair and
decretal orders passed in E.A.Nos.138 & 139 of 2017 in E.A.Nos.13 & 14
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C.R.P.NPD.Nos.3081 & 3082 of 2018
of 2017 in E.A.Nos.92 & 93 of 2010 in E.P.No.14 of 2004 in O.S.No.124
of 2001 dated 06.07.2018 on the file of the learned Subordinate Judge,
Maduranthakam, thereby dismissing the petitions for restoration.
2. The petitioner is the third party in the execution petition filed by
the first respondent herein. The petitioner purchased the property by the sale
deed dated 23.02.2005 from the second respondent herein. The second and
third respondents are the judgment debtors. Therefore, the petitioner filed a
claim petition before the Execution Court for releasing the said property
from attachment order dated 28.04.2004. Both the claim petitions were
dismissed for default. To restore both the claim petitions, the petitioner filed
E.A.Nos. 13 and 14 of 2017. When both the applications were posted for
enquiry on 19.07.2017, again the petitioner failed to appear before the Trial
Court and due to viral fever. Therefore, both the petitions were again
dismissed for default due to his non appearance. Therefore, the petitioner
filed the present petitions to restore the restoration petitions. Both the
petitions were dismissed and aggrieved by the same, the petitioner filed the
present Civil Revision Petitions.
3. The learned counsel for the petitioner submitted that while pending
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C.R.P.NPD.Nos.3081 & 3082 of 2018
the present Civil Revision Petitions, the petitioner has settled the amount to
the first respondent. The petitioner also filed a memo before the Execution
Court. Even then, the Execution Petition is not yet closed since their claim
petitions were dismissed for default.
4. Considering the above submission, these Civil Revision Petitions
are allowed and the orders passed in E.A.Nos.138 & 139 of 2017 in
E.A.Nos.13 & 14 of 2017 in E.A.Nos.92 & 93 of 2010 in E.P.No.14 of 2004
in O.S.No.124 of 2001 dated 06.07.2018 are hereby set aside. The
Execution Court is directed to restore the claim petitions and pass orders as
per the joint memo filed by the petitioner as well as the first respondent
herein on merits and in accordance with law within a period of four weeks.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
30.06.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
1. The Subordinate Judge, Maduranthakam.
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C.R.P.NPD.Nos.3081 & 3082 of 2018
2. The Section Officer,
V.R.Section, High Court of Madras.
G.K.ILANTHIRAIYAN,J.
Kv
C.R.P.NPD.Nos.3081 & 3082 of 2018
30.06.2021
https://www.mhc.tn.gov.in/judis/
