J.Sivakumar vs S.Kumaravel
2022 Latest Caselaw 7454 Mad

                                                                          C.R.P(MD)No.1617 of 2012



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 08.04.2022

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                             C.R.P(MD)No.1617 of 2012

                     1.J.Sivakumar
                     2.J.Babu                                               ... Petitioners/
                                                                                Respondents/
                                                                                Defendants/
                                                                            Judgment Debtors

                                                        Vs.

                     S.Kumaravel                                           ... Respondent/
                                                                               Petitioner/
                                                                               Plaintiffs/
                                                                               Decree Holder

                     PRAYER : Civil Revision Petition is filed under Article 227 of
                     Constitution of India, as against the fair order and decreetal order, dated
                     11.07.2012 passed in E.P.No.110 of 2009 in O.S.No.136 of 2007 on the
                     file of the I Additional Sub Court, Nagercoil.


                                     For Petitioners   : No appearance

                                     For Respondent    : Mr.R.T.Arivukumar
                                                         for Mr.R.Manimaran


                     1/5


https://www.mhc.tn.gov.in/judis
                                                                           C.R.P(MD)No.1617 of 2012




                                                      ORDER

The present revision petition has been filed by the judgment

debtor, challenging the allowing of execution proceedings, in which civil

arrest was ordered as against the judgment debtor. The plaintiff has

obtained the decree for recovery of money on 06.08.2009. The said

decree was put to execution in E.P.No.110 of 2009 seeking for civil

arrest of the judgment debtor. After giving due opportunity to the

judgment debtor in E.P.No.110 of 2009 was allowed on 11.07.2012,

under which the civil arrest was ordered. The said order is under the

challenge in the present revision petition. Originally, an order of interim

stay was granted by this Court in M.P(MD)No.1 of 2012. However, the

said suit was closed on 01.12.2020.

2. That apart, the judgment debtor has chosen to file

C.R.P(MD)No.1782 of 2010 in which orders were passed on 12.01.2011,

granting extention of time to the judgment debtor to deposit a sum of

Rs.1,00,000/- on or before 22.01.2011. According to the learned Counsel

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1617 of 2012

for the decree holder/respondent in the revision petition, the said order

has also not been complied with.

3. The learned Counsel for the revision petitioner/judgment debtor

has filed a Memo on 06.04.2022 reporting "No instructions". Today, the

matter is listed after printing the name of the revision petitioner. Even

today, there is no representation on the side of the revision petitioner

either in person or through a Counsel.

4. Admittedly, the revision petitioner has suffered a money decree

and an order of civil arrest has been passed. This Court has already

vacated the interim orders in the revision on 01.12.2020. The judgment

debtor has also not complied with the orders passed by this Court in

C.R.P(MD)No.1782 of 2010 and the revision petitioner has chosen to

keep himself away from the Court. I do not find any merits on this case.

This revision petition stands dismissed. No costs.

08.04.2022

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1617 of 2012

Index : Yes / No Internet : Yes / No btr

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The I Additional Sub Court, Nagercoil.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1617 of 2012

R.VIJAYAKUMAR ,J.

btr

Order made in C.R.P(MD)No.1617 of 2012

08.04.2022

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