Madras High Court
James Paul vs Shashi Kumar on 30 June, 2022
C.R.P.(NPD)No.2004 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P.(NPD)No.2004 of 2022
and
C.M.P.No.10264 of 2022
James Paul ... Petitioner
..Vs..
1.Shashi Kumar
2.G.Vasantha
3.Simrija Sarah Chandrakumar (died)
4.Sidharth Gopinath ... Respondents
Prayer :- Civil Revision Petitions filed under Section 115 C.P.C to set
aside the fair and final order dated 25.04.2022 made in E.P.No.104 of
2019 in O.S.No.102 of 2007 on the file of the III Additional District and
Sessions Judge, Coimbatore.
For Petitioner : Mr.N.Damodaran
For Respondents : Mr.R.Bharath Kumar
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C.R.P.(NPD)No.2004 of 2022
ORDER
This Civil Revision Petition has been preferred challenging the
order dated 25.04.2022 made in E.P.No.104 of 2019 in O.S.No.102 of
2007 on the file of the III Additional District and Sessions Court,
Coimbatore.
2. Heard the learned counsel for the petitioner and the learned
counsel for the respondents and also perused the materials available on
record.
3. The petitioner is the judgment debtor/third defendant. The first
respondent/plaintiff is the decree holder who has got a decree for specific
performance in his favour. Thereafter, Execution Proceedings have been
initiated in E.P.No.104 of 2019 on 25.04.2022. The learned Executing
Judge passed the following order :
'' that the petition be and the same is
hereby Allowed for filing fair sale deed and
registration, call on 29.04.2022.''
4. Aggrieved over the said order, one of the judgment debtors has
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C.R.P.(NPD)No.2004 of 2022
preferred this revision petition.
5. The submission of the learned counsel for the revision petitioner
is that in the decree for specific performance, the Executing Court ought
to have followed the procedures contemplated under Order XXI Rule 34
C.P.C. Even without giving time for filing the draft sale deed and
observing all other formalities, the Court proceeded to allow the petition
for fair sale deed, which is not proper.
6. The learned counsel for the respondents submitted that the
mistake was very well pointed by the first respondent/plaintiff himself by
way of filing a memo before the Court and thereafter, the memo was
entertained and the same was posted for orders, after inviting objections
of the revision petitioner.
7. On perusal of the records, it is seen that the revision petitioner
has raised objection by stating several other facts which have been
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C.R.P.(NPD)No.2004 of 2022
already set at rest. However, the learned trial Judge has also taken into
consideration of the pendency of this Civil Revision Petition and
reserved orders on the memo filed by the respondent.
8. Admittedly, there is some procedural error in passing orders in
the execution proceedings, despite the order is not bad on merits, right
procedure should be followed. The error seems to be apparent that the
learned trial Judge accepted the memo filed by the decree holder and
posted the matter for orders. Since the Civil Revision Petition seems to
be an impediment for disposing the memo, even after receiving the
objections from the revision petitioner, I feel there is no necessity to keep
this pending.
9. If the procedural irregularity pointed out by the revision
petitioner is rectified, no prejudice will caused to him. However, the
revision petitioner cannot take advantage of the error occurred in the
proceedings and file a petition under Order XX1 Rule 26 C.P.C to stay
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C.R.P.(NPD)No.2004 of 2022
the execution proceedings. It is pertinent to note that the decree, obtained
by the first respondent/plaintiff has attained finality, after S.L.P itself was
dismissed.
10. With the above observations this Civil Revision Petition is
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
30.06.2022
Index:Yes No
Speaking Order:Yes/No
ms
To
The III Additional District and Sessions Judge,
Coimbatore.
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C.R.P.(NPD)No.2004 of 2022
R.N.MANJULA, J.
ms
C.R.P.(NPD)No.2004 of 2022
and
C.M.P.No.10264 of 2022
30.06.2022
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