Madras High Court
Thangamani vs P.Sasikala on 14 July, 2023
C.R.P.(NPD) No.3130 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.(NPD)No.3130 of 2019
and C.M.P.No.20500 of 2019
Thangamani ... Petitioner
vs.
P.Sasikala ... Respondent
Prayer: Petition filed under Section 115 of the Civil Procedure Code
against the order and decree dated 18.07.2019 in E.A.No.37/2019 in
E.P.No.285/2008 in O.S.No.365/1996 on the file of the II Additional Sub
Judge at Coimbatore.
For Petitioner: Mr.R.Rajarajan
For Respondent: Not Ready Notice
ORDER
The judgment debtor is the revision petitioner. He challenges the
order passed by the learned II Additional Subordinate Judge, Coimbatore
in E.A.No.37 of 2019 in E.P.No.285 of 2008 in O.S.No.365 of 1996.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) No.3130 of 2019
2.O.S.No.365 of 1996 is a suit for specific performance of an
agreement of sale. The said suit was decreed on 16.12.1997. On the basis
of the said decree, execution petition was levied under Order 21 Rule
32(1) of the Code of Civil Procedure in E.P.No.285 of 2008.
3.In this proceeding, the aforesaid E.A.No.37 of 2019 was filed.
The purpose for this application is that the judgment debtor wanted a plea
that after the decree had been granted by the Court, the petitioner
obtained patta on 01.07.2000 and in that patta, a condition had been
imposed that the property should not be alienated for a period of ten
years. He wants to bring this factum to the notice of this Court and
thereby, questioning the executability.
4.It is pertinent to point out that the very same plea was taken in
E.A.No.586 of 2010, when a petition under Section 47 was filed. The
said 47 application was dismissed by the learned Subordinate Judge on
04.03.2014. An appeal was also presented against the said dismissal in
A.S.No.97 of 2014. The appeal was also dismissed as withdrawn.
Thereafter, CMP.No.8828 of 2017 was filed before this Court challenging
the proceedings under Section 47. The same is said to be pending.
5.Having taken a plea under Section 47 and having been got it
dismissed, it is not open to the party to reagitate the same issue by way of
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C.R.P.(NPD) No.3130 of 2019
an application in E.A.No.37 of 2019. Res judicata applies in the same
proceeding between same parties when an issue has been heard and
finally decided. In this particular case in E.A.No.586 of 2010, the issue
had been heard and finally decided and therefore, I cannot permit the
petitioner to raise the same plea again.
6.In light of the above, I confirm the order of the learned
Subordinate Judge in E.A.No.37 of 2019 in E.P.No.285 of 2008 in
O.S.No.365 of 1996 dated 18.07.2019. This Civil Revision Petition is
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
7.The Executing Court is directed to complete the proceedings in
E.P.No.285 of 2008 within a period of four months from the date of
receipt of a copy of this order.
14.07.2023
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
vs
To
The II Additional Sub Judge,
Coimbatore.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) No.3130 of 2019
V. LAKSHMINARAYANAN,J.
vs
C.R.P.(NPD)No.3130 of 2019
and C.M.P.No.20500 of 2019
14.07.2023
https://www.mhc.tn.gov.in/judis
