S.Murugan vs M.Pandi
2023 Latest Caselaw 6527 Mad

                                                                      C.R.P.(MD) No.1998 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 19.06.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                             C.R.P.(MD) No.1998 of 2022
                                                        and
                                             C.M.P.(MD) No.9166 of 2022

                    S.Murugan                                                 ... Petitioner
                                                        Vs.

                    M.Pandi                                                   ... Respondent

                              Civil Revision Petition filed under 115 of the Code of Civil
                    Procedure, 1908, to call for the records pertaining to the order dated
                    01.10.2021 made in E.P.No.1 of 2019 in O.S.No.43 of 2014 on the file of
                    the District Munsif Court, Bodinayakanur and set aside.

                                    For Petitioner   : Mr.M.Maran

                                    For Respondent   : Mr.R.Suriyanarayanan

                                                       *****

                                                     ORDER

This Civil Revision Petition has been filed to set aside the

impunged order dated 01.10.2021 passed by the District Munsif Court,

Bodinayakanur in E.P.No.1 of 2019 in O.S.No.43 of 2014.

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

C.R.P.(MD) No.1998 of 2022

2. The petitioner is the unsuccessful defendant in O.S.No.43 of

2014 on the file of the District Munsif Court, Bodinayakanur. O.S.No.43

of 2014 was filed by the respondent for a permanent injunction. The said

suit was decreed exparte on 14.09.2014. Despite the suit being decreed in

favour of the respondent, the petitioner appears to have disobeyed the

Judgment and Decree dated 14.09.2014 of the Court in O.S.No.43 of

2014.

3. It appears that the suit was decreed exparte after the petitioner

had filed Written Statement. Under these circumstances, the petitioner

filed I.A.No.227 of 2017 under Order 9 Rule 13 read with Section 151 of

Code of Civil Procedure, 1908 to set aside the exparte decree which was

allowed.

4. The respondent filed E.P.No.1 of 2019 before the District Munsif

Court, Bodinayakanur to arrest the petitioner since the petitioner

disobeyed the Judgment and Decree dated 14.09.2014 in O.S.No.43 of

2014. The said E.P. was allowed vide impugned order 01.10.2021.

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

C.R.P.(MD) No.1998 of 2022

5. Considering the fact that the exparte decree dated 14.09.2014 in

O.S.No.43 of 2014 has been set aside in I.A.No.227 of 2017, this Court is

inclined to allow this Civil Revision Petition by directing the District

Munsif Court to proceed further with the trial and dispose of the suit, as

expeditiously as possible. Subject to the final outcome of the suit, further

proceedings may be initiated against the petitioner for the alleged

violation of the court's order. Pending disposal of the suit, the impugned

order ordering the arrest of the petitioner shall be kept in abeyance.

6. Accordingly, this Civil Revision Petition stands allowed. No

cost. Consequently, connected Miscellaneous Petition is closed.

19.06.2023 Internet: Yes/No Index: Yes/ No jen

To The District Munsif Court, Bodinayakanur.

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

C.R.P.(MD) No.1998 of 2022

C.SARAVANAN, J.

jen

C.R.P.(MD) No.1998 of 2022 and C.M.P.(MD) No.9166 of 2022

19.06.2023

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