Madras High Court
Executive Engineer & Ado vs R.Jeyabal on 22 October, 2021
CRP.Nos.2290 to 2292, 2298 & 2306 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM
THE HON'BLE Mr.JUSTICE G.CHANDRASEKHARAN
C.R.P.Nos.2290 to 2292, 2298 & 2306 of 2021
and
C.M.P.Nos.17334, 17335, 17376, 17491, 17324 of 2021
C.R.P.No.2290 of 2021
Executive Engineer & ADO,
Tamil Nadu Housing Board,
Villupuram Housing Unit. ... Petitioner
-Vs.-
1.R.Jeyabal,
S/o.Ramanuja Gounder,
Kilperumbakka,
Villupuram.
2.The Special Tahsildar,
Cuddalore. ... Respondent
Prayer in CRP.No.2290 of 2021: Petition filed under Section 115 of Civil
Procedure Code, 1908 to set aside the Petition and Order dated 09.09.2021
(impugned order) made in E.P.No.147 of 2012 in L.A.O.P.No.90 of 1996 by the
learned Principal Sub Judge, Villupuram.
For Petitioner : Mr.S.Silambanan,
Additional Advocate General
for M/s.R.Gouri
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CRP.Nos.2290 to 2292, 2298 & 2306 of 2021
For Respondent : Mr.C.Munusamy (for R1)
COMMON ORDER
These matters are related to the order passed by the learned Principal
Sub Judge, Villupuram with regard to payment of compensation amount in
LAOP cases.
2.Learned counsel for the Petitioner submitted that unfortunately
Petitioner has not filed counter in the Execution Petition. There is difference of
opinion with regard to amount claimed by the Decree holder and the amount
paid by the Judgment Debtor viz., Petitioner.
3.Learned counsel appearing for both the parties prayed for remanding
the matter to the learned Principal Sub Judge, Villupuram, for filing counter in
the Execution Petition and prayed for a direction to dispose of the matters, after
hearing both the parties on merits and in accordance with law.
4.Recording the above said submissions made by the learned counsel for
the parties, these matters are remanded to the learned Principal Sub Judge,
Villupuram, with the directions to give an opportunity to the Petitioner to file
counter affidavit in the Execution Petition, hear the parties and pass orders in
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CRP.Nos.2290 to 2292, 2298 & 2306 of 2021
accordance with law. Since the matters relate to the year 1996, the learned
Principal Sub Judge, Villupuram, is directed to dispose of the Petitions within a
period of one month from the date of receipt of a copy of this order.
5.Accordingly, the Civil Revision petition is disposed of. No costs.
Consequently, connected Miscellaneous Petitions are closed.
22.10.2021
Speaking/Non-speaking order
Index: Yes/No
Internet: Yes/No
sai
Note: Issue order copy on 26.10.2021
To
The learned Principal Sub Judge,
Principal Sub Court,
Villupuram.
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CRP.Nos.2290 to 2292, 2298 & 2306 of 2021
G.CHANDRASEKHARAN,J.
sai
C.R.P.Nos.2290 to 2292, 2298 & 2306 of 2021
and
C.M.P.Nos.17334, 17335, 17376, 17491, 17324 of 2021
Date: 22.10.2021
https://www.mhc.tn.gov.in/judis/
