Madras High Court
Venkatesan vs R.Anbazhagan on 29 June, 2022
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
Venkatesan ... Petitioner /
Defendant
versus
R.Anbazhagan ... Respondent /
Plaintiff
PRAYER: Civil Revision Petition has been filed under Section 115 of the
Code of Civil Procedure, against the fair and decreetal order dated
28.02.2022 made in E.A.No.10 of 2022 in E.P.No.27 of 2020 in O.S.No.20
of 2019 on the file of the Principal Subordinate Court, Tindivanam.
For Petitioner : Mr.C.Munusamy
For Respondent : Mr.R.Karunagaran
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https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
ORDER
This Civil Revision Petition has been preferred challenging the
order of the learned Principal Subordinate Judge, Tindivanam, dated
28.02.2022 made in E.A.No.10 of 2022 in E.P.No.27 of 2020 in O.S.No.20
of 2019.
2. The revision petitioner is the judgment debtor /
defendant in O.S.No.20 of 2019. The respondent/plaintiff has filed the suit
for the relief of recovery of money and the suit was decreed on 05.04.2019
and thereafter, execution proceedings were taken in E.P.No.27 of 2020 and
in the said petition also the judgment debtor did not file any counter and
hence, he was set ex parte on 27.01.2021. Hence, the order for attaching the
salary of the petitioner was passed. Thereafter, the petitioner has filed a
petition to set aside the ex parte order passed in the execution proceedings
and the same was dismissed. Aggrieved over that, the petitioner has filed the
present Civil Revision Petition.
3. The learned counsel for the petitioner submitted that the
petitioner has already filed a petition to set aside the ex parte order and the
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
same is pending and hence, the ex parte order passed in the Execution
Petition should also be set aside in order to give the revision petitioner an
opportunity to contest the execution proceedings.
4. The learned counsel for the respondent submitted that
this is a wanton attempt made by the petitioner to protract the proceedings
and the learned trial Judge is right in dismissing the petition.
5. It is seen from the records that the revision petitioner has
stated in his affidavit that after the suit was decreed he approached the
respondent and paid a part of decree amount of Rs.50,000/- and sought
further time to pay the balance amount. It is the submission of the revision
petitioner that the respondent agreed for negotiation and assured to
withdraw the proceedings and only because of that he did not file the
written statement.
6. In fact, this petition filed to set aside the ex parte order
in the Execution Petition is also not preferred within a period of 30 days.
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
And this petition is filed after a delay of one year. The learned trial Judge
has given repeated adjournments for filing counter. Since the revision
petitioner is not diligent enough to conduct the execution proceedings, he
was set ex parte.
7. Since the salary of the revision petitioner is attached and
towards realising the decree amount the proceedings cannot be delayed
further for some superficial reasons stated by the petitioner. Hence, I do not
find ground for interference.
8. Accordingly, this Civil Revision Petition is dismissed
and the order dated 28.02.2022 passed by the learned Principal Subordinate
Judge, Tindivanam in E.A.No.10 of 2022 in E.P.No.27 of 2020 in
O.S.No.20 of 2019 is hereby confirmed. Consequently, connected
Miscellaneous Petition is closed. However, there is no order as to costs.
29.06.2022
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
To
The Principal Subordinate Court,
Tindivanam.
https://www.mhc.tn.gov.in/judis
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
R.N.MANJULA, J.
sri
C.R.P. (NPD) No.1458 of 2022
and C.M.P. No.7532 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
