Madras High Court
M.Sumathi vs M/S.Dhanalakshmi Srinivasan ... on 22 November, 2021
C.R.P.(NPD)No.1557 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.11.2021
CORAM:
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL
C.R.P.(NPD).No.1557 of 2017
and CMP.No.7227 of 2017
M.Sumathi ...Petitioner
Versus
1.M/s.Dhanalakshmi Srinivasan Chit Funds (P) Ltd.,
AVR Tower,
No.4, Bharathi Road,
Cuddalore.
Represented by its Manager.
2.M.Savithiri
3.K.Chidambaram ...Respondents
PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution
of India, to set aside the order dated 24.02.2017 passed in E.A.No.34 of 2016 in
E.P.No.241 of 2014 in A.R.C.No.250 of 2014 on the file of the I Additional
Subordinate Court, Cuddalore, by allowing this Civil Revision Petition.
For Petitioner : No Appearance
For R1 : Mr.Y.Jyothish Chander
For R2 & R3 : Notice served
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Page 1 of 5
C.R.P.(NPD)No.1557 of 2017
ORDER
This Civil Revision Petition has been filed by the petitioner to set aside
the order dated 24.02.2017 passed in E.A.No.34 of 2016 in E.P.No.241 of 2014
in A.R.C.No.250 of 2014 on the file of the I Additional Subordinate Court,
Cuddalore, by allowing this Civil Revision Petition.
2.The petitioner herein is one of the judgment debtors in E.P.No.241 of
2014 on the file of the I Additional Subordinate Court, Cuddalore, which has
been filed by the 1st respondent/decree holder, for recovery of the decretal
amount by way of attachment of the salaries of the judgment debtors.
3.During the pendency of the execution petition, an application in
E.A.No.34 of 2016 was moved by the revision petitioner herein, seeking to
raise attachment of salaries ordered against the respondents 2 and 3 herein who
are also judgment debtors along with the revision petitioners, on the ground
that they are only sureties for the amount received by the revision petitioner
herein and that the revision petitioner under took to pay Rs.5,000/- per month
till the realization of the decretal amount. However, the Executing Court, by
order dated 24.02.2017, dismissed the EA on considering the plea made by the
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C.R.P.(NPD)No.1557 of 2017
decree holder that it will take longer time if the revision petitioner is permitted
to pay Rs.5,000/- per month. Aggrieved by the same, the revision petitioner has
come up before this Court.
4.When this revision petition is taken up on file, there is no
representation on behalf of the petitioner. The learned counsel appearing for the
respondents would point out that the Executing Court passed the order
dismissing the E.A. as early as 2017, against which, the present revision
petition has been filed, which has been successfully dragged on for the last four
years by allowing it to be dismissed for non-prosecution and again got it
restored. The learned counsel for the respondent would submit that if the
revision petitioner had paid Rs.5,000/- per month, the entire decretal amount
would have been recovered by this time. But, she has not paid any amount.
5.On perusal of records, the revision petitioner has successfully dragged
on the matter for the last four years and frustrated the execution proceedings
and even when the matter is called, there is no representation on behalf of the
petitioner. It shows that the petitioner is not interested to prosecute the petition.
In fact, there is no impediment for the Executing Court to recover the amount
by way of attachment of salaries, which was already ordered by it, and since
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C.R.P.(NPD)No.1557 of 2017
this Court does not find any merit to entertain the revision petition, the same is
dismissed as devoid of merits.
6.In the result, this Civil Revision Petition is dismissed. No costs.
Consequently connected miscellaneous petition is closed.
22.11.2021
gbi
Index: Yes/ No
Speaking Order / Non-Speaking Order
To
The I Additional Subordinate Judge,
Cuddalore.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1557 of 2017
S.KANNAMMAL, J.,
gbi
C.R.P.(PD)No.1557 of 2017
22.11.2021
https://www.mhc.tn.gov.in/judis
