Madras High Court
Radhakrishnan vs Johnsavio on 16 June, 2023
C.R.P(MD)No.1475 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 16.06.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.R.P(MD)No.1475 of 2013
and
M.P(MD)No.1 of 2013
Radhakrishnan ... Petitioner
Vs.
Johnsavio ... Respondent
PRAYER : Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order dated 24.07.2013 made in
E.P.No.273 of 2013 in O.S.No.22 of 2005 on the file of the Sub Court,
Padmanabhapuram.
For Petitioner : Mr.H.Velava Dhas
For Respondent : No appearance
1/5
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1475 of 2013
ORDER
This Civil Revision Petition is filed assailing the order passed by the
learned Subordinate Judge's Court at Padmanabhapuram in E.P.No.273 of
2013 in O.S.No.22 of 2005 dated 24.07.2013. For the sake of convenience,
the parties herein are referred herein as arrayed in Execution Petition in
E.P.No.273 of 2013.
2. The learned Counsel for the petitioner is present today. Though the
name of the sole respondent is printed in the cause list, there is no
representation on the side of the respondent.
3. Heard the learned Counsel for the revision petitioner anxiously and
perused the materials available on record. The learned Counsel for the
revision petitioner took me through the various grounds of the Civil
Revision Petition and the contents of the documents.
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C.R.P(MD)No.1475 of 2013
4. The revision petitioner herein is the defendant in the original suit
and the respondent in the Execution Petition. The said E.P was filed seeking
to deliver the schedule property to the decree holder from the judgment-
debtor in terms of the order passed by the learned Subordinate Judge's
Court, Padmanabhapuram in O.S.No.22 of 2005.
5. From the perusal of the records and the arguments of the learned
Counsel for the petitioner, it is understood that A.S.No.51 of 2006 before
the District Court, Nagercoil was dismissed on 23.12.2010. As against
which, the second appeal was also preferred, which is in S.R stage. The
same was numbered as S.A.(MD)Sr.No.34456 of 2012 and in which
M.P(MD)No.1 of 2013 was also filed for condoning the delay. Fairly the
learned Counsel for the petitioner conceded that there is no stay in any of
the said proceedings. Only referring to that, there is no stay before any of
the Appellate Courts, the E.P Court was inclined to allow the said execution
petition and I do not find any illegality or infirmity in the said order.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1475 of 2013
6. In view of the same, this Civil Revision Petition stands dismissed.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petition stands closed.
16.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
BTR
To
1.The Sub Court,
Padmanabhapuram.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1475 of 2013
L.VICTORIA GOWRI, J.
BTR
Order made in
C.R.P(MD)No.1475 of 2013
16.06.2023
https://www.mhc.tn.gov.in/judis
