K.Balasubramaniam vs R.Thiruvenkadam
2022 Latest Caselaw 574 Mad

                                                                         C.R.P.(NPD).No.3051 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 10.01.2022

                                                             CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                  C.R.P.(NPD).No.3051 of 2021
                                                             and
                                                    C.M.P.No.21560 of 2021

                     K.Balasubramaniam                                                .. Petitioner
                                                                Vs.
                     R.Thiruvenkadam                                                  .. Respondent

                     PRAYER: Civil Revision Petition filed under Section 115 of the Code of
                     Civil Procedure, praying to set aside the docket order dated 25.11.2021,
                     passed in E.P.No.78 of 2019 in O.S.No.579 of 2013, on the file of IV
                     Additional District Judge of Coimbatore and allow this Civil Revision
                     Petition.
                                        For Petitioner      : Mr.S.Parthasarathy, Senior Counsel
                                                              for Mr.K.S.Navin Balaji

                                                            **********
                                                            ORDER

The only objection taken by the learned Senior Counsel, to the order

of the trial Court attaching the property mentioned in the execution petition,

is that the property that is sought to be attached measuring 6 acres and 91

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cents in Somandhurai Village, Pollachi Taluk does not belong to the

petitioner/Judgment debtor. If that is so, it is open to the owner of the

property to raise the dispute regarding the validity of the attachment. I do

not think the petitioner can question the order of attachment on the ground

that the property attached does not belong to him.

2. Moreover, the petitioner has not complied with the conditional

order passed by this Court for granting stay of execution of the decree. The

petitioner's application for modification is pending.

3. This Revision is dismissed with the observation that the order

passed in this Revision will not prejudice the cause of the petitioner in the

application seeking modification of the order imposing condition,. No

costs. Consequently, the connected miscellaneous petition is closed.

10.01.2022 dsa Index : No Speaking order

To The IV Additional District Judge, Coimbatore.

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R.SUBRAMANIAN, J.

dsa

C.R.P.(NPD).No.2917 of 2021

10.01.2022

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