A.Nagoor Ammal vs M.Miyakkani
2023 Latest Caselaw 1924 Mad

                                                                                C.R.P(MD)No.625 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 06.03.2023

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                C.R.P.(MD)No.625 of 2023
                                                          and
                                               C.M.P.(MD)No.2906 of 2023

                  A.Nagoor Ammal                                                     .. Petitioner

                                                          Versus

                  M.Miyakkani                                                        .. Respondent
                  Prayer :- Petition filed under Article 227 of the Constitution of India, against
                  the order dated 27.02.2023, made in E.A.No.1 of 2023 in E.P.No.52 of 2022 in
                  O.S.No.29 of 2020, on the file of the Sub-Court, Periyakulam.


                                   For Petitioner          :       Mr.H.Velavadhas

                                                         ORDER

This Civil Revision Petition has been filed against the order dated

27.02.2023, made in E.A.No.1 of 2023 in E.P.No.52 of 2022 in O.S.No.29 of

2020, on the file of the Sub-Court, Periyakulam.

2. The petitioner herein, who is the judgment debtor in O.S.No.29 of

2020, on the file of the Sub-Court, Periyakulam, has filed E.A.No.1 of 2023 in

E.P.No.52 of 2022 in O.S.No.29 of 2020. The said E.A.No.1 of 2023 has been https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.625 of 2023

filed to stay the operation of further proceedings in E.P.No.52 of 2022 filed by

the respondent.

3. The specific case of the petitioner is that against the judgment and

decree of the trial Court, dated 25.08.2022, made in O.S.No.29 of 2020, he has

filed an appeal together with a petition, seeking to condone the delay of 136

days and the same has been numbered as I.A.No.1 of 2023 in A.S.SR.No.199

of 2023, on the file of the District Court, Theni. It is submitted that in I.A.No.1

of 2023 in A.S.SR.No.199 of 2023, notice was ordered on the contesting

respondent herein [decree holder] on 15.02.2023 returnable by 23.03.2023.

Meanwhile, the proceedings are being conducted in a hurry in E.P.No.52 of

2022, on the file of the Sub-Court, Periyakulam. It is submitted that the

impugned order, asking the petitioner to approach the appellate Court in terms

of the decision of this Court in G.Arumugam vs. P.Jeyaraman reported in

2014 (1) CTC 246 cannot be complied with, unless the appeal is numbered. It

is submitted that if the stay is not granted, the property will be sold.

4. Considering aforesaid facts and circumstances of the case, there shall

be an order of interim stay of all further proceedings in E.P.No.52 of 2022 in

O.S.No.29 of 2020, on the file of the Sub-Court, Periyakulam, upto

23.03.2023. It is open for the petitioner to urge for interim orders before the

District Court, Theni, by the aforesaid date.

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

C.R.P(MD)No.625 of 2023

5. This Civil Revision Petition stands disposed of with the above

observation. No costs. Consequently, connected Miscellaneous Petition is

closed.

                  NCC : Yes/No                                          06.03.2023
                  Index : Yes/No
                  Internet : Yes/No
                  smn2
                  Note: Issue order copy on 06.03.2023

                  To

                            The Sub-Judge,
                            Periyakulam.




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



                                         C.R.P(MD)No.625 of 2023

                                       C.SARAVANAN, J.


                                                         smn2




                                             Order made in
                                  C.R.P.(MD)No.625 of 2023




                                                  06.03.2023




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