Ramachandran vs T.Edwin Antony Singh
2022 Latest Caselaw 1189 Mad

                                                                            C.R.P.(MD)No.1290 of 2021



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 25.01.2022

                                                     CORAM:

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                          C.R.P.(MD)Nos.1290 of 2021
                                                     and
                                          C.M.P.(MD)No.7453 of 2021


                     Ramachandran                                        ... Petitioner

                                                        -vs-

                     T.Edwin Antony Singh                                 ... Respondent


                     Prayer :- Petition filed under Section 115 of the Civil Procedure Code, to

                     allow the above civil revision petition and consequently set aside the

                     order made in E.P.No.23 of 2020 dated 10.08.2021 in O.S.No.229 of

                     2016 on the file of the I Additional Subordinate Judge, Nagercoil,

                     Kanyakumari District.



                                    For Petitioner      : Mr.S.Palani Velayutham

                                    For Respondent      : Mr.M.Ashok Padmaraj

                     _________
                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                     C.R.P.(MD)No.1290 of 2021



                                                             ORDER

This civil revision petition is filed by the judgment debtor

challenging order passed in E.P.No.23 of 2020 dated 10.08.2021.

2.It is the case of the revision petitioner that pursuant to the decree

in O.S.No.229 of 2019, he had filed the first appeal with the delay.

The filing of the first appeal was brought to the notice of the Executing

Court. Though the delay petition had been dismissed, he had filed the

revision before this Court and this Court had granted an order of interim

stay of all further proceedings. While so, the filing of the Execution

Petition was premature and the order of attachment passed was without

jurisdiction, particularly, when the matter was sub-judice in appeal. The

petitioner would, therefore, submit that the order dated 10.08.2021

passed by the Executing Court ordering attachment, has to be set aside.

3.Heard the learned counsel appearing on either side and perused

the records.

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https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1290 of 2021

4.The Execution petition in E.P.No.23 of 2020 has been filed to

execute the decree in O.S.No.229 of 2016 on the file of the learned I

Additional Subordinate Judge, Nagercoil, Kanyakumari District. The

suit had been decreed against the revision petitioner and the revision

petitioner has filed an appeal with the delay over 597 days. This petition

has been dismissed, against which, the revision petitioner had come

forward with the revision in CRP(MD) No. 609 of 2020. This revision

is also dismissed today. This Court had granted interim stay on condition

that the petitioner should deposit 50% of the decree amount within a

period of four weeks. The revision petitioner has not complied with the

said condition. Therefore, there was no stay in favour of the petitioner

and accordingly, the Executing Court had executed the decree by order of

attachment. No exception can be taken to the said order and considering

the fact that the petitioner has not even complied with the conditional

order of stay, the order attachment of property is correct, which does not

warrant any interference.

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https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1290 of 2021

P.T.ASHA, J.

cp

5.In the result, this civil revision petition is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

25.01.2022 Index : Yes/No Internet : Yes/No cp

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 I Additional Subordinate Judge, Nagercoil, Kanyakumari District.

C.R.P.(MD)Nos.1290 of 2021 and C.M.P.(MD)No.7453 of 2021

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