D.Haridas vs Suseela
2023 Latest Caselaw 7749 Mad

                                                                     C.R.P.(NPD).No.3191 of 2014


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 06.07.2023

                                          CORAM
                       THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                           C.R.P.(NPD).No.3191 of 2014
                                            and M.P.Nos.1 & 1 of 2014

                      D.Haridas                                           ... Petitioner

                                                    Vs

                      1.Suseela
                      2.Sooryapraba
                      3.Sathish
                      4.Malarvizhi
                      5.Jagadeeswari
                      6.Dhanaprabhu
                      7.Alagesan
                      8.Pachala
                      9.Vanaja                                             ... Respondents
                      PRAYER:-Civil Revision Petition filed under Section 115 of the Code

                      of Civil Procedure to under Article 227 of the Constitution of India

                      praying to set aside the order in E.P.No.73 of 2013 in O.S.No.85 of

                      2010, dated 17.06.2014 on the file of the learned Subordinate judge,

                      Tindivanam.



                      1/4



https://www.mhc.tn.gov.in/judis
                                                                                C.R.P.(NPD).No.3191 of 2014


                                        For Petitioner     : Mr.R.Vijayaraghaven
                                        For Respondent      : No appearance


                                                            ORDER

The above captioned Civil Revision Petition has been filed to set

aside the order in E.P.No.73 of 2013 in O.S.No.85 of 2010, dated

17.06.2014 on the file of the learned Subordinate judge, Tindivanam.

2.The 1st defendant is the petitioner. The suit for partition and for

maintenance has been filed in O.S.No.138 of 2004. The said suit was

decreed on 07.01.2013. In order to execute the decree that the plaintiffs

had obtained, an Execution Petition was filed in E.P.No.73 of 2013. The

claim in the E.P. is Rs.9,93,370/-. The Execution Petition is sought for

the sale of the properties which had been charged. Since, there was no

order of stay of execution, the trial Court ordered attachment of the

property. This has been challenged in the present Revision.

3.The petitioner is admittedly the judgment debtor and on account

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.3191 of 2014

of the fact that he has not satisfied the decree, the decree holder has

been pushed and constrained to file an Execution Petition. If there is no

stay of proceedings, the Executive Court is entitled to proceed further

and execute the decree. Therefore the order of the Court dated

17.06.2014 does not require any interference.

4.Accordingly, the Civil Revision Petition is dismissed. However,

there shall be no order as to costs. Consequently, connected

miscellaneous petitions are also closed.

06.07.2023

gba

Index: Yes/ No Speaking order: Yes/ No Neutral Citations: Yes/ No

To

The Subordinate Judge, Tindivanam.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.3191 of 2014

V. LAKSHMINARAYANAN

Gba

C.R.P.(NPD).No.3191 of 2014 and M.P.Nos.1 & 1 of 2014

06.07.2023

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