C.Sekar vs Indirani
2023 Latest Caselaw 1844 Mad

                                                                         C.R.P.Nos.620 and 621 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    Dated : 03.03.2023
                                                         CORAM :
                       THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
                                             C.R.P.Nos.620 and 621 of 2023
                                                            and
                                            C.M.P.Nos.4916 & 4919 of 2023

                   C.Sekar                             : Petitioner/Judgment Debtor/Defendant

                                                            Vs.

                   Indirani                            : Respondent /Decree Holder/Petitioner

                   COMMON PRAYER: Civil Revision Petitions filed under Article 227 of
                   Constitution of India, praying to set aside the Docket order issued in
                   E.A.Nos.3 and 2 of 2023 in E.P.No.401 of 2022 in R.C.O.P.No.391 of 2010
                   on the file of the learned XVI Judge, Small Causes Court, Chennai, dated
                   16.02.2023.

                                   For Petitioner      : Mr.R.Prabhakaran


                                                    COMMON ORDER

                             These Civil Revision Petitions have been filed seeking to set aside the

                   order dated 16.02.2023 passed in E.A.Nos.3 and 2 of 2023 in E.P.No.401 of

                   2022 in R.C.O.P.No.391 of 2010 by the learned XVI Judge, Small Causes

                   Court, Chennai, granting police aid for the bailiff to execute the warrant.



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                                                                         C.R.P.Nos.620 and 621 of 2023




                             2.It is the contention of the learned Counsel appearing for the Revision

                   Petitioner that the Revision Petitioner had been paying the rent regularly but

                   by mistake the order of the learned Rent Controller claims that there were

                   arrears of rent for the past ten years.



                             3.On perusal of the order passed by the learned XVI Judge, Court of

                   Small Causes in E.A.Nos.2 and 3 of 2022 in E.P.No.401 of 2022 in RCOP

                   No.381 of 2010, the learned Judge had observed that delivery was ordered in

                   E.P.No.401 of 2022 but the Bailiff was unable to execute the delivery warrant

                   because of the threat posed on him. Based on the Bailiff report, the learned

                   XVI Judge, Court of Small Causes had ordered police protection and break

                   open the lock. Therefore, the orders have been passed in the two Execution

                   Applications. This Court does not find any infirmity or irregularity in the

                   order passed by the learned XVI Judge, Court of Small Causes, Chennai in

                   E.A.Nos.2 and 3 of 2023 in E.P.No.401 of 2022 in R.C.O.P.No.391 of 2010

                   dated 16.02.2023.




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                                                                      C.R.P.Nos.620 and 621 of 2023

                             In the result, both these Civil Revision Petitions are dismissed. No

                   costs. Consequently, the connected civil miscellaneous petitions are closed.



                                                                             03.03.2023
                   srm
                   Index: Yes/No
                   Internet:Yes/No
                   Speaking Order/Non-speaking Order


                   To
                   1.The XVI Judge,
                     Court of Small Causes,
                     Chennai.

                   2.The Section Officer,
                     V.R.Section,
                     High Court,
                     Madras.




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                                              C.R.P.Nos.620 and 621 of 2023


                                  SATHI KUMAR SUKUMARA KURUP, J.

SRM

C.R.P.Nos.620 and 621 of 2023

03.03.2023

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