Madras High Court
M.D.Poonkodi vs P.K.Balasubramanian on 28 March, 2023
CRP.Nos.884, 904 and 896 of
2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
C.R.P.Nos.884, 904 and 896 of 2023
and
CMP.Nos.6664, 6754 and 6722 of 2023
1. M.D.Poonkodi
2. M.D.Kalaimathi ... Petitioners
(in C.R.P.Nos.884, 904 and 896 of 2023)
/Vs/
1. P.K.Balasubramanian
2. Deepa Deva Priya
3. M.Dhanakodi
4. S.Lakshmi
5. M.D.Thirunavukkarasu
6. D.Murugan
7. M.D.Thennarasu
8. M/s. Lakshmi Gold Coconut Oil Industries,
Represented by its Partners M.Dhanakodi
S.Lakshmi, M.D.Thirunavukkarasu,
D.Murugan and M.D.Thennarasu ... Respondents
(in C.R.P.Nos.884, 904 and 896 of 2023)
COMMON PRAYER : Civil Revision Petitions filed under Article 227 of
Constitution of India, seeking direction to the Principal District Court,
Dharmapuri to decide the EA.Nos.16, 17 and 18 of 2020 in EP.No.42 of
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https://www.mhc.tn.gov.in/judis
CRP.Nos.884, 904 and 896 of
2023
2018 in OS.No.127 of 2017 before proceeding with the execution process in
EP.No.42 of 2018 in OS.No.127 of 2017.
For Petitioners : Mr.V.Athikesavan
COMMON ORDER
These petitions have been filed to direct the Principal District Court,
Dharmapuri to decide EA.Nos.16, 17 and 18 of 2020 in EP.No.42 of 2018
in OS.No.127 of 2017 before proceeding with the execution petition in
EP.No.42 of 2018 in OS.No.127 of 2017.
2. The Revision Petitioners herein are the third parties to the execution
proceedings/ daughters of the first defendant preferred these revisions by
stating that the property which is sought for sale by the Decree Holder in
EP.No.42 of 2008 in OS.No.127 of 2017 is ancestral property in which they
are also having a share, but, ignoring their shares, their father and brothers
entered into a compromise decree with Decree Holder. Based on that, now
the Decree Holder is taking steps to sell the property to realize the suit claim.
Further more, he is also taking steps to bring the entire property to realize
the decree amount. Infact, the portion of the property is sufficient even
assuming that the Judment Debtors are liable. So, they filed application
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CRP.Nos.884, 904 and 896 of
2023
seeking to implead themselves and also claiming their right by filing an
application under Section 47 of CPC in EA.Nos.16, 17 and 18 of 2020.
Inspite of those applications, the executing Court insisted the Judgment
Debtor to make payment and if they do not make payment, the Court will
proceed with the auctioning of the property without deciding their
applications and if the executing Court make such order, the right over the
property will be defeated. Hence, the revision petitioners sought direction to
decide their applications in EA.Nos.16,17 and 18 of 2020 in EP.No.42 of
2018 since the direction is sought against the executing court notice to the
respondents is ordered to be dispensed with.
3. A perusal of EA.No.16, 17 and 18 of 2020 are pending, all these
three years without any final disposal. However, the case status submitted
by the revision petitioner reveals that the executing Court is insisting the
Judgment Debtors to make payment and the case is posted for payment
without deciding the applications filed by these petitioners. Therefore,
direction was given to the executing Court to dispose the EA.Nos.16, 17 and
18 of 2020 filed by the revision petitioners within three months from the
date of receipt of a copy of this Order. Thereafter, the executing Court is
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CRP.Nos.884, 904 and 896 of
2023
permitted to proceed with the main execution petition. Since the direction
sought against the Court, notice is dispensed with.
4. Accordingly, these Civil Revision Petitions are ordered. No costs.
Consequently, connected misceallenous petitions are closed.
28.03.2023
Vv
Note: Issue Order Copy on 10.04.2023
To
1. The Principal District Court,
Dharmapuri.
T.V.THAMILSELVI, J.
https://www.mhc.tn.gov.in/judis
CRP.Nos.884, 904 and 896 of
Vv
C.R.P.Nos.884, 904 and 896 of 2023
and
CMP.Nos.6664, 6754 and 6722 of 2023
28.03.2023
https://www.mhc.tn.gov.in/judis
