Kuppusamy vs Shankar Vadivel
2023 Latest Caselaw 71 Mad

                                                                                    CRP.No.2593 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 02.01.2023

                                                           CORAM:

                              THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                    CRP.No.2593 of 2019 and
                                                     CMP.No.17080 of 2019

                Kuppusamy                                                        ... Petitioner
                                                             Vs.
                Shankar Vadivel                                                     ... Respondent

                PRAYER: Civil Revision petition is filed under Section 115 of CPC praying to
                allow the above revision and set aside the fair and decreetal order dated
                04.02.2019 passed in EP.No.76 of 2018 in OS.No.25 of 2004 on the file of the
                Principal District Judge, Tiruvannamalai.


                                   For Petitioner       : Mr.P.Mathivanan

                                   For Respondent       : Mr.S.Sathish Rajan

                                                          ORDER

This civil revision petition has been filed to set aside the fair and

decreetal order dated 04.02.2019 passed in EP.No.76 of 2018 in OS.No.25 of

2004 on the file of the Principal District Judge, Tiruvannamalai, thereby

dismissed the petition filed under Order 21 Rule 11(a) of CPC to attachment by

pro-order of the amount.

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

CRP.No.2593 of 2019

2. The petitioner is the defendant and the respondent is the plaintiff.

The respondent filed suit for specific performance in respect of the suit

property on the ground that he entered into agreement for sale with the

petitioner and the total sale consideration was fixed at Rs.40,00,000/-. On the

date of agreement, the respondent paid a sum of Rs.30,00,000/- as an advance

and thereafter, the petitioner failed to come forward to register the sale deed on

receipt of balance sale consideration. The trial court decreed the suit. Aggrieved

by the same, the petitioner preferred appeal suit in AS.No.260 of 2007. The

Hon'ble Division Bench of this Court set aside the judgment and decree and

dismissed the suit with cost. Aggrieved by the same, the respondent preferred

Special Leave Petition before the Hon'ble Supreme Court of India. The Hon'ble

Supreme Court of India, by order dated 24.08.2017, dismissed the Special

Leave Petition and further directed that the amount deposited by the

respondent before the court shall be refunded to him along with interest, if any.

Thereafter, the petitioner filed execution petition in EP.No.76 of 2018 for

attachment by pro-order of the amount as mentioned in the petition as against

the respondent herein. The court below dismissed the petition for the reason

that when the Hon'ble Supreme Court of India ordered to get back his

Rs.10,00,000/- in favour of the respondent herein and insofar as the cost, no https://www.mhc.tn.gov.in/judis

CRP.No.2593 of 2019

order was passed by the Hon'ble Supreme Court of India.

3. It is seen that the petitioner is also entitled for cost of a sum of

Rs.3,39,452/- in the appeal suit. At the same time, the respondent is also

entitled for balance sale consideration of Rs.10,00,000/- which was deposited

by him before the trial court with interest, if any. Therefore, both the parties are

at liberty to file appropriate petition in order to execute the order passed by the

Hon'ble Division Bench of this Court in AS.No.260 of 2007 and the order

passed by the Hon'ble Supreme Court of India in SLP.No.8609 of 2011 dated

24.08.2017.

4. Accordingly, this civil revision petition is disposed of.

Consequently, connected miscellaneous petition is closed. There shall be no

order as to costs.

02.01.2023 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

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

CRP.No.2593 of 2019

lok To The Principal District Judge, Tiruvannamalai.

CRP.No.2593 of 2019

02.01.2023

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