Jeyaraman vs R.Chandrasekaran ... 1St
2023 Latest Caselaw 1862 Mad

                                                                          C.R.P(MD)No.562 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 03.03.2023

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                             C.R.P(MD)No.562 of 2023
                                                      and
                                            C.M.P(MD)No.2649 of 2023

                     Jeyaraman                                  ... Petitioner/1st Respondent

                                                       Vs.

                     1.R.Chandrasekaran                          ... 1st Respondent/Petitioner/
                                                                     Plaintiff

                        K.Alagarsamy Naicker (Died)

                        A.Pappathi @ Muthammal (Died)

                        A.Rajamani (Died)

                     2.A.Vellaichamy                          ... Respondent/5th Respondent/
                                                                  5th Defendant

                     3.A.Pappathi @ Mahalakshmi               ... Respondent/6th Respondent/
                                                                  6th Defendant

                     4.T.Ramamoorthy                          ... Respondent/7th Respondent/
                                                                  Auction Purchaser

                     PRAYER: Civil Revision Petition is filed under Article 227 of
                     Constitution of India, to set aside the order, dated 10.08.2022 passed in
                     E.A.No.81 of 2019 in E.P.No.37 of 2017 in O.S.No.541 of 2005 on the

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                     1/4
                                                                                 C.R.P(MD)No.562 of 2023

                     file of the Principal District Munsif Court, Dindigul by allowing this
                     civil revision petition with costs.


                                         For Petitioner     : Mr.S.Venkatesh


                                                          ORDER

The present revision petition has been filed by the judgment debtor

in a suit for recovery of money.

2. Pursuant to the money decree, the property of the judgment

debtor was sold and the same was also confirmed. Thereafter, the decree

holder has filed an application in E.A.No.81 of 2019 to withdraw the

decree amount that has been deposited by the auction purchaser. The said

application has been allowed by the trial Court. Challenging the same,

the present revision petition has been filed.

3. The judgment debtor has not challenged the money decree or the

auction proceedings. Therefore, he has no right to challenge the

application filed by the decree holder to withdraw the amount that was

deposited by the auction purchaser.

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C.R.P(MD)No.562 of 2023

4. In view of the above said facts, I do not find any infirmity in the order

passed by the trial Court. Hence, this Civil Revision Petition stands dismissed. No

costs. Consequently, connected Civil Miscellaneous Petition is closed.

                                                                                            03.03.2023
                     NCC              :    Yes / No
                     Index            :    Yes / No
                     Internet         :    Yes / No

                     gbg


                     To

1.The Principal District Munsif Court, Dindigul.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

R.VIJAYAKUMAR ,J.

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

C.R.P(MD)No.562 of 2023

Order made in C.R.P(MD)No.562 of 2023

03.03.2023

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