Selvaraj vs Rajendran
2023 Latest Caselaw 2018 Mad

                                                                                  C.R.P.(MD)No.205 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 07.03.2023

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                    C.R.P.(MD)No.205 of 2021
                                                              and
                                                   C.M.P.(MD)No.1257 of 2021

            Selvaraj, S/o.Vellaichamy                                                    .. Petitioner

                                                               Versus

            Rajendran, S/o.Murugan                                                       .. Respondent


            Prayer :- Petition filed under Section 115 of C.P.C., against the order and decree
            dated 17.03.2020, made in E.P.No.62 of 2018 in O.S.No.33 of 2014, on the file of the
            Additional District Court, Dindigul, Dindigul District.


                                  For Petitioner           :       Mr.G.Gomathi Sankar

                                                           ORDER

Though this case came up for admission on 15.02.2021 and thereafter, it has

been adjourned from time to time, so far, notice has not been ordered.

2. This Civil Revision Petition has been filed against the order and decree

dated 17.03.2020, made in E.P.No.62 of 2018 in O.S.No.33 of 2014, on the file of the

Additional District Court, Dindigul, Dindigul District, which was decreed on

31.10.2017.

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

C.R.P.(MD)No.205 of 2021

3. The specific case of the petitioner/defendant is that the respondent/plaintiff

[decree holder] had filed I.A.No.96 of 2014 for attachment of the property before

judgment. However, the property was sold to one Sivakumar. It is the further case of

the petitioner that the respondent unsuccessfully challenged the order dated

03.11.2015, made in I.A.No.96 of 2014, in C.R.P.(MD)No.505 of 2016. It is

submitted that the same property has now been ordered to be attached.

4. There is no merit in the present case as the suit has been decreed on

31.10.2017 and a sale has been effected by the petitioner to the said Sivakumar

during the pendency of the suit in O.S.No.33 of 2014, on the file of the Additional

District Court, Dindigul, Dindigul District.

5. The rights of the respondent has been attempted to be defeated by making

sale during the pendency of the suit even though the respondent had filed I.A.No.96

of 2014 for attachment of the property before judgment. In any event, the petitioner

having sold the property to the said Sivakumar, has no rights over the property and

the person, who can complain is only the subsequent purchaser/alienee, namely,

Sivakumar. In the E.P. proceedings, it is for the said Sivakumar to move appropriate

proceedings for raising objection to the execution of the decree.

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

C.R.P.(MD)No.205 of 2021

6. This Civil Revision Petition stands dismissed with the above observation.

No costs. Consequently, connected Miscellaneous Petition is closed.

            NCC : Yes/No                                              07.03.2023
            Index : Yes/No
            Internet : Yes/No
            smn2


            To

            The Additional District Judge,
            Dindigul, Dindigul District.




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



                                     C.R.P.(MD)No.205 of 2021

                                        C.SARAVANAN, J.


                                                       smn2




                                             Order made in
                                  C.R.P.(MD)No.205 of 2021




                                                 07.03.2023




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