Madras High Court
D.Sivakumar vs D.Ravikumar on 7 September, 2022
C.R.P.Nos.2807 and 2810 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.Nos.2807 and 2810 of 2022
and
C.M.P.No.15140 of 2022
1.D.Sivakumar
2.D.Rajendran ... Petitioners
(in both CRPs)
vs
D.Ravikumar ... Respondent
(in both CRPs)
Prayer in C.R.P.No.2807 of 2022: Civil Revision Petition is filed under
Article 227 of the Constitution of India, praying to set aside order dated
09.03.2022 made in E.P.No.1 of 2017 on the file of the learned District Judge,
The Nilgiris and to restore the E.P.No.1 of 2017 by allowing the Civil
Revision Petition.
Prayer in C.R.P.No.2810 of 2022: Civil Revision Petition is filed under
Article 227 of the Constitution of India, praying to struck off the petition in
E.P.No.4 of 2022 in O.S.No.15 of 2014 on the files of the learned District
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C.R.P.Nos.2807 and 2810 of 2022
Judge, Nilgiris, Udhagamandalam as not maintainable both in law and on
facts.
For Petitioners : Mr.A.Ilayaperumal
(in both CRPs)
COMMON ORDER
The Civil Revision Petition in C.R.P.No.2807 of 2022 is filed by the
revision petitioners, challenging the order passed by the Executing Court
dated 09.03.2022 in E.P.No.1 of 2017 permitting the respondent/decree
holder to withdraw the execution petition with liberty to file fresh execution
petition to explore the other modes of execution.
2. The Civil Revision Petition in C.R.P.No.2810 of 2022 is filed by the
revision petitioners with the prayer to strike out the second execution petition
filed by the respondent/decree holder for arrest and detention of the revision
petitioners in E.P.No.4 of 2022.
3. The respondent herein by filing the above execution petition wants to
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C.R.P.Nos.2807 and 2810 of 2022
execute the lok adalat award passed on 12.12.2015, recording the settlement
between the parties. According to the respondent/decree holder, the revision
petitioners herein failed to pay the decree amount as per the lok adalat award.
Therefore, he was constrained to file the execution petition.
4. When the respondent filed earlier execution petition in E.P.No.1 of
2017 for execution of the lok adalat award, the petitioners herein filed revision
in C.R.P.(NPD).No.376 of 2018 to strike out E.P.No.1 of 2017 by raising
various grounds of executability. The said revision was dismissed by order
dated 24.08.2022 by this Court. While dismissing the said revision, this Court
observed that it is open to the petitioners to raise all their objections regarding
executability before the Executing Court.
5. Subsequently, the respondent herein filed a memo before the
Executing Court on 09.03.2022 seeking leave of the Court to withdraw
E.P.No.1 of 2017 reserving his right to proceed against the revision
petitioners/judgment debtors by filing fresh execution petition for arrest and
detention. Based on that memo, E.P.No.1 of 2017 was dismissed as
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C.R.P.Nos.2807 and 2810 of 2022
withdrawn. Aggrieved by the said order, the revision petitioners have come up
with this civil revision petition in C.R.P.No.2807 of 2022.
6. The learned counsel for the petitioners submitted that earlier this
Court in C.R.P.(NPD).No.376 of 2018, granted liberty to the revision
petitioners to raise all their objections regarding executability before the
Executing Court. Therefore, the Executing Court ought not to have allowed
the respondent to not press the earlier execution petition.
7. The said contention of the revision petitioners cannot be accepted for
the reason that whenever a fresh execution petition filed by the respondent, it
is always open to the revision petitioners to raise all their objections regarding
the executability. Therefore, I do not find any merit in the contention raised by
the revision petitioners.
8. In C.R.P.No.2810 of 2022, the revision petitioners wants this Court
to strike out second execution petition filed by the respondent/decree holder in
E.P.No.4 of 2022. The revision petitioners reiterated various objections raised
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C.R.P.Nos.2807 and 2810 of 2022
by them in earlier revision, while opposing the executability of the petition.
When the revision petitioners approached this Court earlier to strike out
E.P.No.1 of 2017, this Court dismissed the revision granting liberty to the
revision petitioners to raise all their objections regarding executability before
the Executing Court.
9. Therefore, the present civil revision petition in C.R.P.No.2810 of
2022 filed for same relief against the fresh execution petition in E.P.No.4 of
2022 filed by the respondent, cannot be entertained. However, it is made clear
that the revision petitioners are entitled to raise all their objections regarding
executability of decree before the Executing Court in E.P.No.4 of 2022.
10. The learned counsel for the revision petitioners also submitted that
in pursuance of the interim order granted in C.R.P.(NPD).No.376 of 2018, the
revision petitioners had deposited a sum of Rs.40,00,000/- before the
Executing Court on 22.02.2018. He further submitted that the interest for the
deposited amount has also been included in the fresh execution petition in
E.P.No.4 of 2022 filed by the respondent/decree holder and the same is
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C.R.P.Nos.2807 and 2810 of 2022
unsustainable. Considering the said submissions of the learned counsel for the
revision petitioners, it is made clear that the revision petitioners are entitled to
raise this point also before the Executing Court.
11. With the above observations, the Civil Revision Petitions are
dismissed. No costs. Consequently, the connected miscellaneous petition is
closed.
07.09.2022
Index : Yes / No
Speaking Order : Yes / No
dm
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C.R.P.Nos.2807 and 2810 of 2022
To
The District Judge,
The Nilgiris.
Udhagamandalam.
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C.R.P.Nos.2807 and 2810 of 2022
S.SOUNTHAR , J.
dm
C.R.P.Nos.2807 and 2810 of 2022
07.09.2022
https://www.mhc.tn.gov.in/judis
