K.Vijayaragavan vs M.Durairaj
2022 Latest Caselaw 4850 Mad

                                                          1

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 10.03.2022

                                                        CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                            C.R.P.(MD)No.1498 of 2021
                                                      and
                                            C.M.P.(MD)No.8268 of 2021

                  K.Vijayaragavan                  ... Petitioner/Respondent/Respondent/
                                                                  Defendant[Judgment Debtor]

                                                          Vs.

                  M.Durairaj                       ...Respondent/Petitioner/Petitioner/
                                                               Plaintiff [Decree Holder]


                  PRAYER: Civil Revision Petition under Section 115 of the Civil Procedure
                  Code, to call for the records pertaining to the Fair and Decreetal order dated
                  16.08.2021 in E.A.No.2 of 2021 in E.P.No.201 of 2016 in O.S.No.92 of 2010
                  on the file of the learned Additional District Judge, Dindigul and set aside the
                  same.
                                       For Petitioner     :Mr.S.Vikram
                                       For Respondent     :Mr.V.Sukumar

                                                        ORDER

This Civil Revision Petition has been filed to set aside the order,

dated 16.08.2021 in E.A.No.2 of 2021 in E.P.No.201 of 2016 in O.S.No.92 of

2010 passed by the learned Additional District Judge, Dindigul.

https://www.mhc.tn.gov.in/judis

2.The parties are referred to as per the rank mentioned before the Court

below.

3.The Plaintiff/Decree Holder has filed an application in E.A.No.2 of

2021 in E.P.No.201 of 2016 under Order 21 Rule 66 and Section 151 of Civil

Procedure Code and C.R.P. Rule 199(2) to reduce the upset price from

Rs.40,00,000/-[Rupees Forty Lakhs Only] to Rs.35,00,000/-[Rupees Thirty

Five Lakhs Only]. The said petition was allowed on 16.08.2021. Aggrieved

over the same, the revision petitioner/ defendant/Judgment Debtor is before

this Court.

4.Heard on either side. Perused the material documents available on

record.

5.The revision petitioner/Judgment Debtor has filed an application

under Order 21 rule 66 and Section 151 of Civil Procedure Code and C.R.P.

Rule 199(2) in E.A.No.2 of 2021 in E.P.No.201 of 2016 in O.S.No.92 of

2010 to reduce the upset price from Rs.40,00,000/-to Rs.35,00,000/-. The

decree was passed in the year 2016. Till now, the revision

petitioner/Judgment debtor has not deposited the decree amount. So, his https://www.mhc.tn.gov.in/judis

property came for an auction sale and no bitter was available for the fixed

upset price of Rs.40,00,000/-[Rupees Forty Lakhs Only]. So, the upset price

was reduced in to Rs.35,00,000/-[Rupees Thirty Five Lakhs Only].

6.The total extent of the property is 52 cents and the upset price was

reduced into Rs.35,00,000/-[Rupees Thirty Five Lakhs Only], is not

reasonable. Since no bitter is available it can be reduced into Rs.37,00,000/-

[Rupees Thirty Seven Lakhs Only]. Hence, the Execution Court has rightly

reduced the upset price.

7.With the above observations, this Civil Revision Petition is disposed

of. No Costs. Consequently, connected miscellaneous petition is closed.

                  Index :Yes/No                                                     10.03.2022
                  Internet:Yes/No
                  ksa


                  To
                  The Additional District Court,
                  Dindigul.




https://www.mhc.tn.gov.in/judis


                                                S.ANANTHI, J.

                                                           ksa




                                                 Order made in
                                      C.R.P.(MD)No.1498 of 2021




                                                    10.03.2022




https://www.mhc.tn.gov.in/judis