Selvam vs Pavathal
2023 Latest Caselaw 7278 Mad

                                                                                C.R.P.NPD.No.995 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATE : 28.06.2023

                                                          C O RAM

                                   THE HONOURABLE Dr.JUSTICE D.NAGARJUN

                                                   C.R.P. NPD.No.995 of 2023
                                                   and C.M.P.No.7310 of 2023

                     Selvam                                                       ... Petitioner


                                                              Vs.

                     Pavathal                                                     ... Respondent


                     Prayer: Petition filed under Article 227 of the Constitution of India
                     against the fair and decreetal order dated 28.03.2022 in E.A.No.4 of
                     2021 in E.P.No.7 of 2019 in R.C.O.P.No.13 of 2015 on the file of the
                     Principal District Munsif, Erode.


                                  For Petitioner             ...    Mrs.Gopika Nambiar
                                                                     for Govind Chandrasekhar

                                  For respondent            ...     Mr.R.Karthikeyan


                                                           ORDER

This revision is filed aggrieved by the orders passed in E.A.No.4

of 2021 in E.P.No.7 of 2019 in R.C.O.P.No.13 of 2015 on the file of

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

C.R.P.NPD.No.995 of 2023

learned Principal District Munsif, Erode, dated 28.06.2022. Wherein the

request of the petitioner / Judgment Debtor to stay the execution

proceedings in E.P.No.4 of 2021 was declined.

2.It is submitted by the learned counsel for the petitioner that in

R.C.O.P.No.13 of 2015, the petitioner was directed to vacate the premises

and hand over the vacant possession to the respondent / landlord.

Aggrieved by the same, the petitioner has preferred R.C.A. On the file of

the learned III Principal Sub Judge, Subordinate Court, Erode. However,

the said R.C.A. could not be numbered on account of delay in filing the

appeal. Accordingly, an application to condone the delay in filing the

appeal was preferred and the said application is pending for

consideration. It is submitted that since his appeal is pending for

consideration before the appellate Court E.P. Shall not be proceeded with

The petitioner further submitted that in the meanwhile the delay

condonation application has been allowed by the learned Subordinate

Judge, Erode on 10.03.2023.

3.On the other hand, the learned counsel for the respondent has

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C.R.P.NPD.No.995 of 2023

reported that he has no information about the filing of R.C.A and other

details connected to it.

4.Once the delay has been condoned, the learned Subordinate Judge

would number the appeal, thereby the petition filed before the learned

Subordinate Judge, seeking to stay the execution would also come for

consideration.

5.Considering the above circumstances, this revision is disposed of,

directing the learned Subordinate Judge, Erode to consider the application

filed by the petitioner seeking for stay of the proceedings on merits.

Since the stay petition is likely to come up before the Subordinate Court,

the proceedings before the execution Court are stayed till 19.07.2023,

which operates only against the petitioner / Judgment Debtor No.1. No

costs. Consequently, the connected miscellaneous petition is closed.

28.06.2023 kas

Index: Yes/No Neutral Citation: Yes/No Dr.D.NAGARJUN, J.

kas

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

C.R.P.NPD.No.995 of 2023

To

The Principal District Munsif, Erode.

C.R.P. NPD.No.995 of 2023 and C.M.P.No.7310 of 2023

28.06.2022

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