V.Mohanraj vs K.Hema Shankar
2023 Latest Caselaw 4931 Mad

                                                                                 C.R.P(MD)No.1158 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 27.04.2023

                                                            CORAM

                                      THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                 C.R.P(MD)No.1158 of 2023
                                                          and
                                                 C.M.P(MD)No.5527 of 2023

                     V.Mohanraj                                        ... Petitioner/Respondent/
                                                                           Defendant

                                                               Vs.

                     K.Hema Shankar                                    ... Respondent/Petitioner/
                                                                           Plaintiff

                     PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C.,
                     to set aside the fair and decreetal order made in E.P.No.19 of 2022 in
                     O.S.No.8 of 2020, dated 06.03.2023 on the file of the Sub Court, Sattur.

                                         For Petitioner      : Mr.P.Sujai Krishna

                                                          ORDER

The present Civil Revision Petition has been filed against the faira

and decreetal order order made in E.P.No.19 of 2022 in O.S.No.8 of

2020, dated 06.03.2023 on the file of the Sub Court, Sattur.

2. The petitioner is the defendant in O.S.No.8 of 2020 filed by the

respondent/plaintiff. The said suit was filed to recover the money from https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.1158 of 2023

the petitioner. The suit was decreed by the Sub Court, Sattur by a

judgment and decree, dated 04.01.20222.

3. Aggrieved by the same, the petitioner has filed an appeal before

the Principal District Court, Srivilliputhur in A.S.No.12 of 2022 on

08.03.2022. In the said appeal, the petitioner has filed I.A.No.1 of 2022

to stay the operation of the judgment and decree, dated 04.01.2022

passed by the Sub Court, Sattur in O.S.No.8 of 2020. Meanwhile, the

respondent has filed E.P.No.19 of 2022 on 10.03.2022. In E.P.No.19 of

2022, the respondent sought to attach the dwelling house and vacant site

of the petitioner and also sought for prayer to auction the same.

4. The learned counsel for the petitioner submits that I.A.No.1 of

2022 in A.S.No.12 of 2022 is listed before the Principal District Court,

Srivilliputhur on 22.06.2023. It is further submitted that the respondent

has filed counter only on 28.03.2022. It is submitted that the petitioner’s

asset has been under valued though the value is much higher. It is

submitted that the petitioner may be given a temporary reprieve till the

enquiry is held in I.A.No.1 of 2022.

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

C.R.P(MD)No.1158 of 2023

5. I am of the view that the petitioner has made out a case for

temporary reprieve subject to the petitioner depositing 50% of the

decreed amount subject to the credit before the Principal District Court,

Srivilliputhur within a period of four weeks. Subject to such compliance,

the proposed auction shall be kept in abeyance and shall be proceeded

after the disposal of the I.A.No.1 of 2020 filed by the petitioner to stay

the judgment and decree, dated 04.01.2022 in O.S.No.8 of 2020. It is

made clear that the Sub Court, Sattur is free to proceed with the

execution proceedings subject to the outcome of the I.A.No.1 of 2022

filed by the petitioner before the Principal District Judge, Srivilliputhur.

The Principal District Judge, Srivilliputhur is directed to dispose of the

I.A.No.1 of 2022 by 30.06.2023.

6. The present Civil Revision Petition stands disposed of with the

above observations. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                                     27.04.2023
                     NCC              :   Yes / No
                     Index            :   Yes / No
                     Internet         :   Yes / No

                     sn


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

                                                             C.R.P(MD)No.1158 of 2023



                     To

                     1.The Sub Court, Sattur.

                     2.The Principal District Judge,
                       Srivilliputhur.

                     3.The Section Officer
                       Vernacular Section,
                       Madurai Bench of Madras High Court,
                       Madurai.




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

                                        C.R.P(MD)No.1158 of 2023

                                        C.SARAVANAN,J.

                                                            SN




                                  C.R.P(MD)No.1158 of 2023




                                                   27.04.2023




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