A.N.Vijaykumar vs R.Kaviraj
2022 Latest Caselaw 7125 Mad

                                                                           C.R.P.(NPD) No.871 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 05.04.2022

                                         CORAM : JUSTICE N.SESHASAYEE

                                              C.R.P.(NPD) No.871 of 2022


                     A.N.Vijaykumar                     ... Petitioner Decree holder / Petitioner


                                                            Vs.


                     R.Kaviraj                          ... Respondent / Judgment Debtor /
                                                                            Respondent

                     Prayer : Civil Revision Petition filed under Article 227 of the Constitution
                     of India, praying to set aside the fair and decretal order dated 01.03.2022
                     passed in E.A.No.4/2021 in E.P.No.4562/2019 on the file of X Assistant
                     City Civil Court, Chennai, by allowing the revision.


                                    For Petitioner      :     Mrs.Chitra Sampath
                                                              Senior Counsel
                                                              Assisted by Mr.T.S.Baskarab
                                    For Respondent      :     Ms.R.Chitra

                                                            ORDER

This revision is preferred by the plaintiff, who now challenges the order of

the Execution Court in E.A.No.4/2021 in E.P.No.4562 of 2019 in

O.S.No.6856/2011 on the file of the X Assistant City Civil Court, Chennai.

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

C.R.P.(NPD) No.871 of 2022

2. The revision petitioner has laid a suit for recovery of certain sum of

money, and also obtained an order of attachment before judgment on the

first floor and the terrace portion of a certain building, which as per the

application taken out for the purpose, originally bears the Door No.1/105,

then Door No.154 and currently Door No.68. There is no confusion as to

the identity of the property attached. The decree subsequently came to be

passed, and the execution petition is laid for sale of the property. And for

the said purpose, the execution order and sale papers were made available

by the plaintiff, by which time, the Execution Court insisted the plaintiff /

decree holder / revision petitioner for production of property tax, register

extract etc., After procedural difficulty, this was made available, which

shows that the property that was sought to be sold bears Door No.154.

Therefore, the plaintiff took out an application in E.A.No.4/2021 for

correcting the door number as 154/2 in the schedule of property in the

execution petition. This was dismissed by the Execution Court on the

ground that the plaintiff ought to apply for correcting the door number in

the decree passed in the suit. This is under challenge.

3. Heard both sides. What the Execution Court appears to have missed is

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

C.R.P.(NPD) No.871 of 2022

that, the suit is for money, and that it is not going to have any schedule of

property in it. The attachment before judgment is made in a

supplementary proceedings, and the property attached is brought to sale in

the process of executing the money decree. Therefore, the Execution Court

is clearly in error insisting the decree holder to apply for correcting the

decree.

4. In fine, this Court allows the revision, sets aside the order of the

Execution Court in E.A.No.4/2021 in E.P.No.4562/2019 in

O.S.No.6856/2011. No costs. The revision petitioner is now required to

carry out necessary correction of the door number in the schedule of

property to the execution petition.

05.04.2022

Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order

ds

To:

The X Assistant City Civil Judge, Chennai.

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

C.R.P.(NPD) No.871 of 2022

N.SESHASAYEE.J.,

ds

C.R.P.(NPD) No.871 of 2022

05.04.2022

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