M.Ravi vs R.Saraswathy
2023 Latest Caselaw 8900 Mad

                                                                                  CRP No.4076 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 24.07.2023

                                                       CORAM:

                            THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN

                                                CRP No.4076 of 2017
                                              ad CMP No.19116 of 2017
                  M.Ravi                                                           ... Petitioner

                                                          Vs
                  R.Saraswathy                                                     ... Respondent

                  PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                  of India against the order dated 15.09.2017 passed in unnumbered EP in
                  LAC No.500/2004 on the file of Family Court, Pondicherry.
                                    For Petitioner   : Mr.T.S.Bhaskaran
                                    For Respondent   : Not ready in notice

                                                      ORDER

The learned trial Judge has rejected the Execution Petition even before

numbering of the same on the ground of limitation. This is an infraction of

the judgment of this Court in the case of Selvaraj vs Koodamkulam Nuclear

Power Plant India Limited reported in 2021 5 MLJ 467. Apart from that,

reading of the clauses in the lok adalat award shows that the respondent

herein is supposed to maintain the property and pay municipal taxes and

incidental charges.

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CRP No.4076 of 2017

2. For every default committed by the respondent, it will give a new

cause of action for filing an execution petition. Therefore, the view of the

learned Judge, even on the merits of the case, requires reconsideration.

3. Article 136 of the Limitation Act will not apply when the cause of

action accrues from time to time. Therefore the order passed by the learned

Judge, Family Court, Pondicherry dated 15.09.2017 in un-numbered E.P in

LAC No.500 of 2004 is set aside.

4. The learned Judge, Family Court, Pondicherry shall number the

Execution Petition and issue notice to the respondent and verify as to

whether clauses 7 and 8 of the decree have been complied with.

5. It is made clear that I have not gone into the aspect as to whether the

Civil Revision Petitioner is entitled for delivery of possession of the property

and that shall be decided by the Executing Court after hearing the judgment

debtor.

6. With the above observation the Civil Revision Petition is allowed. https://www.mhc.tn.gov.in/judis

CRP No.4076 of 2017

No costs. Consequently, connected miscellaneous petition is closed.

24.07.2023 Index:Yes/No Speaking order/Non-speaking order sr

To

The Judge, Family Court, Pondicherry

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

CRP No.4076 of 2017

V.LAKSHMINARAYANAN,J.,

sr

C.R.P.No.4076 of 2017

24.07.2023

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