T.Maheswaran vs N.Raja (Died)
2023 Latest Caselaw 15964 Mad

Madras High Court

T.Maheswaran vs N.Raja (Died) on 8 December, 2023

                                                                             C.R.P.(MD)No.3209 of 2023

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 08.12.2023

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                               C.R.P.(MD)No.3209 of 2023
                                                         and
                                              C.M.P.(MD)No.16546 of 2023


                    T.Maheswaran                                                 ... Petitioner

                                                             Vs.

                    1. N.Raja (died)

                    2. Manimekala

                    3. Sushma
                      (represented by her mother/natural guardian
                       2nd respondent)                                           ... Respondents

                    Prayer : This Civil Revision Petition filed under Article 227 of the
                    Constitution of India, to allow this Revision Petition and set aside the
                    order passed in E.A.No.7 of 2022 in E.P.No.18 of 2021 on the file of the
                    Subordinate Judge, Eraniel dated 20.01.2023 in so far as appointing an
                    advocate as court guardian for minor R3 and fixing his fees at Rs.10,000/-
                    to be paid by the petitioner.

                                     For Petitioner      : M/s.D.Ajitha Thrase


                    1/4
https://www.mhc.tn.gov.in/judis
                                                                             C.R.P.(MD)No.3209 of 2023



                                                         ORDER

The Civil Revision Petition is directed against the order passed in

E.A.No.7 of 2022 in E.P.No.18 of 2021 in O.S.No.37 of 2019 dated

20.01.2023, on the file of the Subordinate Court, Eraniel.

2. The revision petitioner has filed the suit in O.S.No.37 of 2019 for

recovery of money and obtained a decree dated 02.07.2020 and that since

the decree was not complied, the revision petitioner has laid the execution

petition in E.P.No.18 of 2021 for attachment and sale of the property

belonging to the first respondent/judgment debtor.

3. The learned counsel appearing for the revision petitioner would

submit that since the first respondent/judgment debtor died, his legal

representatives second respondent-wife and third respondent-minor

daughter were sought to be impleaded, that they have filed the above

application in E.A.No.7 of 2022 to appoint the second respondent as

guardian for the minor third respondent and that the Executing Court has

appointed an advocate as Court guardian and fixed remuneration at

Rs.10,000/-.

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

4. It is seen from the records that the second respondent-wife of the

judgment debtor remained ex parte and the Court, in the absence of any

proposed parties suggested by the revision petitioner/decree holder, has

appointed an advocate as Court guardian. If the revision petitioner is

aggrieved by the quantum of remuneration, they are at liberty to approach

the concerned Court for reducing the amount and that is not a ground for

challenging the impugned order itself.

5. Considering the facts and circumstances of the case, the

impugned order appointing an advocate as Court guardian for the minor

since the proposed guardian remained ex parte, cannot be found fault with.

Consequently, this Court concludes that the revision is devoid of merit and

the same is liable to be dismissed.

6. In the result, this Civil Revision Petition is dismissed.

Consequently, connected Miscellaneous Petition is closed. No costs.

08.12.2023 NCC :yes/No Index :yes/No Internet:yes/No csm

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

K.MURALI SHANKAR,J.

csm

To

1. The Subordinate Court, Eraniel.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in

and

Dated : 08.12.2023

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