Madras High Court
R.Anbazagan vs K.S.Raju Achari on 27 June, 2022
C.R.P.(NPD)No.1971 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P.(NPD).No.1971 of 2022
and
C.M.P.No.9983 of 2022
R.Anbazagan ...Petitioner
..Vs..
1. K.S.Raju Achari
2. R.Arivukkodi
3. R.Arivarasu ... Respondents
Prayer:- Civil Revision Petition filed under Article 227 of the
Constitution of India, against the fair and decretal order passed in E.P.
No.128 of 2017 in O.S.No.17 of 2011 dated 31.08.2021 on the file of the
Principal Sub Judge, Vellore.
For Petitioner : Mr.V.Lakshminarayanan
ORDER
This Civil Revision Petition has been preferred challenging the fair
and decretal order dated 31.08.2021 made in E.P.No.128 of 2017 in
O.S.No.17 of 2011 on the file of the Principal Sub Court,Vellore.
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C.R.P.(NPD)No.1971 of 2022
2. Heard the learned counsel for the petitioner and perused the
materials available on record.
3. The revision petitioner is one of the judgment debtors of the
decree passed in O.S.No.17 of 2011. The first respondent/decree holder
is the father of the revision petitioner. In O.S.No.17 of 2011, a decree for
maintenance has been passed as under :
DECREE
1.That the suit be and the same is hereby partly
decree with regard to maintenance and that the
defendants 1 to 3 are hereby directed to pay jointly or
severally the maintenance of Rs.3,000/- per month to
the plaintiff from the date of suit till the date of
realization.
2.That the suit be and the same is hereby
dismissed in respect of partition.
3.That the suit be and the same is hereby
dismissed in respect of mandatory injunction.
4.That the defendants 1 to 3 do also pay a sum
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C.R.P.(NPD)No.1971 of 2022
of Rs.6,535.50/- to the plaintiff towards costs of the
suit.
5.That the 1st defendant side cost is Rs.5,105/-
6. That the 3rd defendant side cost is
Rs.7,615/-.''
4. The first respondent/decree holder has filed the execution
petition in order to recover the decree amount. However, he had chosen
to execute the decree against the 3rd respondent/judgment debtor alone.
During the pendency of the execution proceedings, the Execution Court
has passed an order of attachment on the property belonging to the
revision petitioner/3rd defendant. Aggrieved over that, the petitioner has
filed this revision petition.
5. The learned counsel for the petitioner submitted that, despite the
decree for maintenance was passed against the three sons, who are the
defendants 1 to 3 in the suit, the other defendants i.e 1 and 2 are also
liable to pay the decree amount. However, the decree holder had opted to
recover the decree amount only by attaching the property belonging to
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C.R.P.(NPD)No.1971 of 2022
the third defendant and the order of attachment of his property is not fair.
6. In the decree of the Court itself it is clearly specified that the
defendants are jointly and severally liable to pay the maintenance amount
of Rs.3,000/- per month to the respondent/plaintiff. Though the
defendants 1 to 3 are also liable to pay the decree amount, the decree
holder has exercised his option to realise the decree amount by attaching
the properties belonging to either of the judgment debtors. However, the
judgment debtor, who had fulfilled the decree is entitled to recover the
share of the liability of the other defendants from them. As such, I find
no factual or legal error in the order passed by the learned Executing
Judge for attaching the property of the third defendant.
7. In the result, this Civil Revision Petition is dismissed and the
fair and decreetal order dated 31.08.2021 passed in E.P.No.128 of 2017
in O.S.No.17 of 2011 by the learned Principal Sub Judge, Vellore is
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C.R.P.(NPD)No.1971 of 2022
confirmed. No costs. Consequently, connected miscellaneous petition is
closed.
27.06.2022
Index:Yes No
Speaking Order:Yes/No
ms
To
The Principal Sub Judge,
Vellore.
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C.R.P.(NPD)No.1971 of 2022
R.N.MANJULA, J.
ms
C.R.P.(NPD).No.1971 of 2022
and
C.M.P.No.9983 of 2022
27.06.2022
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