Mr.D.Jaya Venkata Prasad vs Ms.Shriram City Union Finance ...
2023 Latest Caselaw 230 Mad

                                                                                  CRP.No.4041 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated: 04.01.2023

                                                          CORAM:

                             THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                     CRP.No.4041 of 2022
                                                   and CMP.No.20970 of 2022

                       Mr.D.Jaya Venkata Prasad            ... Petitioner / Judgement Debtor

                                                              Vs.


                       1.Ms.Shriram City Union Finance Limited,
                         Represented by its Authorized Signatory,
                         No.123, Angappa Naicken Street,
                         Chennai-600 001.             .. Respondent/Decree Holder

                       2.Mr.L.Ramesh
                       3.Mr.R.S.Asokan                     ... Respondents/Judgement Debtors

                       Prayer: Civil Revision Petition filed under Article 227 of the
                       Constitution of India to set aside the Decree and Order dated
                       27.09.2022 passed in EA.No.1 of 2019 in E.P.No.2924 of 2017 in
                       ACP.No.107 of 2014, on the file of XXVIII Assistant City Civil Court,
                       Chennai.

                                  For Petitioner      : Mr.S.Udhaya Kumar




                                                               1
https://www.mhc.tn.gov.in/judis
                                                                                  CRP.No.4041 of 2022

                                                            ORDER

This Civil Revision Petition has been filed to set aside the decree

and order dated 27.09.2022 passed in E.A.No.1 of 2019 in

E.P.No.2924 of 2017 in ACP.No.107 of 2014, on the file of the XXVIII

Assistant City Civil Court, Chennai.

2. The petitioner is the judgment debtor in the execution petition

and the decree holder has filed the execution petition in E.P.No.2924 of

2017 to execute the award passed in ACP.No.107 of 2014. It is not in

dispute that the execution petition was allowed by the Court concerned

and the petitioner also paid part amount as per the decree and the Trial

Court rejected the application filed under Section 151 CPC to produce

the statement of the petitioner, who is the judgment debtor.

3. This being the factum established, this Court do not find any

infirmity in the order passed by the Execution Court.

4. Accordingly, the Civil Revision Petition stands dismissed. No

https://www.mhc.tn.gov.in/judis CRP.No.4041 of 2022

costs. Consequently, connected miscellaneous petition is also

dismissed.

                                                                              04.01.2023
                       Index             :Yes/No
                       Speaking Order    :Yes/No
                       Jvm

                       Copy to:

XXVIII Assistant City Civil Court, Chennai.

S.M.SUBRAMANIAM, J.

Jvm

https://www.mhc.tn.gov.in/judis CRP.No.4041 of 2022

CRP.No.4041 of 2022

04.01.2023

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