Madras High Court
Mr.Gopu Manjula vs K.Anandan on 31 January, 2023
2023/MHC/434
C.R.P.No.3986 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.3986 of 2022
and
C.M.P.No.20739 of 2022
1.Mr.Gopu Manjula
2.Mr.Gopu Sridhar ... Petitioners
Vs.
1.K.Anandan
2.A.Raja ... Respondents
Prayer: Civil Revision Petition is filed under Section 115 of the Civil
Procedure Code, to set aside the order dated 01.11.2022 passed in I.A.No.4
of 2019 in I.A.No.1 of 2019 in O.S.No.6193 of 2015 on the file of the
XIX Additional City Civil Court, Chennai and allow the I.A.
For Petitioners : Mr.A.D.Janarthanan
For Respondents : Mr.R.Natarajan
Page 1 of 8
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C.R.P.No.3986 of 2022
ORDER
The Civil Revision Petition is passed against the order dated
01.11.2022, dismissing the Interlocutory Application in I.A.No.4 of 2022 in
I.A.No.1 of 2019 in O.S.No.6193 of 2015.
2. The 1st petitioner is the defendant in the Suit and the 2 nd petitioner
is the proposed 2nd respondent in the Interlocutory Application. The
respondents herein instituted a Suit for Recovery of Money, which was
decreed in favour of the plaintiffs after adjudication. Pursuant to the
preliminary decree passed on 02.04.2018, the Trial Court has to pass final
decree and during the period of interregnum, the revision petitioners /
defendants filed an Interlocutory Application for impleading the
2nd petitioner as respondent, who is none other than the husband of the 1 st
petitioner, who is the judgment debtor.
3. The Trial Court adjudicated the Interlocutory Application with
reference to the grounds raised for impleading the 2nd petitioner as
respondent and made a finding that the 2nd petitioner expressed his
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C.R.P.No.3986 of 2022
willingness to settle the amount on behalf of the 1 st petitioner, against whom
the preliminary decree was passed. However, the Court found that
impleading of the 2nd petitioner became unnecessary, since the 2nd petitioner
is not connected with any of the issues raised in the Suit and he being the
husband of the 1st petitioner, if at all intends to settle the amount, he can
very well settle the amount in favour of the decree holder. Contrarily, the
impleading petition filed to implead the 2nd petitioner become unnecessary
and filed with an idea to drag on the proceedings.
4. The learned counsel for the revision petitioners mainly contended
that there was a matrimonial dispute, which existed during the relevant point
of time and the decree of divorce was granted.
5. However, those matrimonial disputes are no way connected with
the Money Suit instituted by the respondent against the 1st petitioner and
thus, the 1st petitioner is liable to settle the amount as per the decree passed.
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C.R.P.No.3986 of 2022
6. In the present case, the Trial Court made a finding that the revision
petitioners have deliberately failed to settle the decree amount in favour of
the respondents / plaintiffs and they have suppressed the memorandum of
understanding entered into between the husband and wife to bring into the
knowledge of the Court to pass the preliminary decree.
7. The Trial Court found that if at all, the 2 nd petitioner / husband of
the 1st petitioner wants to settle the amount on behalf of his wife, he should
have done it at the earlier stage and after passing of the preliminary decree
and more so, after a lapse of about 3½ years, the revision petitioners cannot
seek for impleading the husband / judgment debtor.
8. The entire nature of the proceedings instituted by the revision
petitioners would reveal that they have filed such an Interlocutory
Application with an ill-motive to drag on the proceedings and to evade the
execution of the preliminary decree passed by the Court and more so, they
have not allowed the Trial Court to pass the final decree by filing
unnecessary Interlocutory Applications.
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C.R.P.No.3986 of 2022
9. Even before this Court, the learned counsel for the revision
petitioners state that the petitioners are willing to settle the amount.
However, there is no definite time limit or details furnished for the purpose
of settling the amount by the revision petitioners. Such a vague submission
made before this Court cannot be accepted.
10. The Trial Court need not drag on the proceedings by entertaining
such frivolous applications. If at all, any such applications are filed herein
after, the Trial Court shall adjudicate the issues and dispose of the same and
if it is found to be frivolous or unnecessary, then maximum costs is to be
imposed in such circumstances. Courts, at no circumstances, shall allow the
parties to drag on the proceedings on flimsy grounds.
11. Adjournments cannot be granted in a routine manner. Rule is to
conduct the case, whenever it is listed for hearing and adjournment is an
exception and thus, exception can never be a ground. Therefore, even in
case of adjournments on genuine grounds, the reasons must be recorded and
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C.R.P.No.3986 of 2022
the Courts are expected to dispose of the cases in a consistent manner,
enabling the parties to redress their grievances in accordance with law.
12. In the present case, though preliminary decree was passed in the
year 2018, the revision petitioners are able to successfully drag on the
proceedings for the past about four (4) years. Thus, the Trial Court is
directed to complete all the proceedings as expeditiously as possible and
ensure that the decree passed is executed, enabling the decree holder to
enjoy the fruits of the decree without any further complications.
13. With these observations, the Civil Revision Petition in
C.R.P.No.3986 of 2022 stands dismissed. No costs. Consequently, the
connected Miscellaneous Petition is closed.
31.01.2023
skr
Index : Yes
Speaking order
Neutral Citation : Yes
https://www.mhc.tn.gov.in/judis
C.R.P.No.3986 of 2022
To
The XIX Additional Judge,
XIX Additional City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.R.P.No.3986 of 2022
S.M.SUBRAMANIAM, J.
skr
C.R.P.No.3986 of 2022
31.01.2023
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