S.Rajendran vs Sengamalai
2022 Latest Caselaw 8405 Mad

                                                            1

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 21.04.2022

                                                      CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                             C.R.P(MD)No.2016 of 2021
                                                      and
                                             CMP(MD)No.10813 of 2021
                  1.S.Rajendran
                  2.R.Sathiyadevi                          ...Petitioners/Petitioners/Respondents/
                                                                   Defendants/JD

                                                           Vs.

                  Sengamalai                               ...Respondent//Respondent/Petitioner/
                                                                  Plaintiff/DH


                  PRAYER: Civil Revision Petition under Section 115 of Civil Procedure
                  Code, to set aside the fair and decretal order dated 01.09.2021 passed in
                  E.A.No.8 of 2021 in E.S.No.79 of 2019 in O.S.No.376 of 2016 on the file of
                  learned Subordinate Judge, Melur.


                                        For Petitioners     :Mr.K.Chengiz khan
                                        For Respondent      :Mr.M.Sankar


                                                          ORDER

This Civil Revision Petition has been filed to set aside the fair and

decreetal order, dated 01.09.2021 in E.A.No.8 of 2021 in E.S.No.79 of 2019

in O.S.No.376 of 2016 passed by the learned Subordinate Judge, Melur. https://www.mhc.tn.gov.in/judis

2.The parties are referred to as per the rank mentioned before the Court

below.

3.The defendants/Judgment holders have filed an application in

E.A.No.8 of 2021 in E.S.No.79 of 2019 in O.S.No.376 of 2016, under Order

21 Rule 26 and Section 151 of Civil Procedure Code, to stay the execution

proceedings by the Judgment debtor. The said petition was dismissed on

01.09.2021. Aggrieved over the same, the revision petitioners are before this

Court.

4. Heard on either side and perused the material documents available

on record.

5.In the suit in O.S.No.376 of 2016, an exparte decree was passed on

21.12.2016. To set aside the said exparte-decree, a petition in I.A.No.1 of

2021 was filed on 23.07.2019. The execution proceedings is also pending for

execution of sale deed. The trial Court after disposed the petition in I.A.

No.1 of 2021 the Execution Court can proceed with execution petition.

6.Considering the facts and circumstances of the case, and also

considering the fact that the petition in I.A.No.1 of 2021 is pending from the https://www.mhc.tn.gov.in/judis

year 2021 the Execution Court cannot proceed with decree. Hence, the trial

Court is directed to dispose the petition in I.A.No.1 of 2021, within a period

of One month from the date of receipt of copy of the order. After disposal of

the petition in I.A.No.1 of 2021, the Execution Court can proceed with the

execution proceedings.

7.With the above observations, this Civil Revision Petition is disposed

of. No Costs. Consequently, connected miscellaneous petition is closed.

21.04.2022

Index :Yes/No Internet:Yes/No ksa

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

The Subordinate Court, Melur.

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

S.ANANTHI, J.

ksa

Order made in C.R.P(MD)No.2016 of 2021

21.04.2022

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