Madras High Court
Suresh Babu vs V.Raguraman on 4 July, 2022
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2022
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
Suresh Babu ... Petitioner /
5th judgment debtor
versus
V.Raguraman ... Respondent /
Decree Holder
PRAYER: Civil Revision Petition has been filed under Article 227 of the
Constitution of India, to call for the records and quash the order dated
14.12.2021 made in C.M.A.No.13 of 2021 on the file of the learned Principal
District Judge, Salem, by confirming the fair and decreetal order dated
10.02.2021 made in R.E.A.No.60 of 2001 in R.E.P.No.19 of 2000 in
O.S.No.366 of 1997 on the file of the Sub Court, Attur.
For Petitioner : Mr.Baskar
for Mr.R.Md.Nasrullah
1/6
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
ORDER
This Civil Revision Petition has been preferred challenging the
order of the learned Principal District Judge, Salem dated 14.12.2021 made in
C.M.A.No.13 of 2021.
2. The revision petitioner is the 5th defendant / judgment
debtor in the suit. The respondent is the plaintiff / decree holder and he had
filed the suit in O.S.No.366 of 1997 against the revision petitioner / 5th
defendant and other defendants for the relief of specific performance and the
same was decreed on 06.04.1999. Subsequently, the Execution Proceedings
were also initiated in R.E.P.No.19 of 2000. Since the revision petitioner, who
is the 5th defendant / judgment debtor did not make his appearance in the
Execution Proceedings, he was set ex parte. Thereafter, the revision
petitioner has filed a petition to set aside the ex parte order made in
R.E.P.No.19 of 2000 dated 29.08.2000 and the same was dismissed. The
order of dismissal was challenged by way of preferring an appeal in
C.M.A.No.13 of 2021 before the learned Principal District Judge, Salem and
the same was also dismissed on 14.12.2021 by confirming the order of the
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
Execution Court. Aggrieved over that, the petitioner has filed the present
Civil Revision Petition.
3. The learned counsel for the petitioner submitted that the
petition has been filed in time and the revision petitioner has got good reasons
to defend the Execution Petition and hence, the ex parte order passed in the
Execution Proceedings should be set aside by reversing the order of the
learned Principal District Judge, Salem made in C.M.A.No.13 of 2021.
4. On perusal of the records, it is seen that the revision
petitioner as 5th defendant or any other defendants in the suit has not chosen
to file any petition to challenge the decree passed in O.S.No.366 of 1997. The
decree has attained finality. During the Execution Proceedings also notice
was served on the revision petitioner but he has not chosen to make his
appearance. When the decree attained its finality and there is no stay pending
against the decree nothing will prevent the Executing Court from passing
orders in terms of the decree.
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
5. The petitioner has filed this petition by stating that he
came to know about the order in R.E.P.No.19 of 2000 only on 05.09.2001.
The learned Executing Judge has rightly observed that there is no acceptable
reason stated to set aside the ex parte order and the petitioner has filed the
petition just to drag the proceedings to the extent possible. The respondent
was knocking at the doors of the Court from the year 1997 and got a decree
ultimately and that has also became final. So he cannot be prevented from
reaping the fruits of the decree which he obtained way back in the year 1999.
Both the Courts below have rightly dealt the issue and dismissed the petition.
Hence, I find no factual or legal infirmity in the order passed by the learned
Principal District Judge, Salem.
6. Accordingly, this Civil Revision Petition is dismissed and
the order dated 14.12.2021 passed by the learned learned Principal District
Judge, Salem, in C.M.A.No.13 of 2021 is hereby confirmed. Consequently,
connected Miscellaneous Petition is closed. However, there is no order as to
costs.
04.07.2022
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
sri
To
1.The Principal District Judge, Salem.
2.The Sub Court, Attur.
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
R.N.MANJULA, J.
sri
C.R.P. (NPD) No.2023 of 2022
and C.M.P. No.10354 of 2022
04.07.2022
https://www.mhc.tn.gov.in/judis
