Jeyaraman vs Jeyakumar
2023 Latest Caselaw 13841 Mad

                                                                            C.R.P.(MD)No.2558 of 2023




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 12.10.2023

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                             C.R.P(PD)(MD)No.2558 of 2023


                    Jeyaraman                                             : Petitioner /Petitioner
                                                                            Decree holder


                                                             Vs.
                    Chellammal (died)
                    1.Jeyakumar
                    2.Selvaraj
                    3.Kumar
                    4.Kanagaraj                                    : Respondents/Respondents
                                                                         Judgment Debtors

                    Prayer : This Civil Revision Petition filed under Section 115 of the Civil
                    Procedure Code, to set aside the order passed in E.P.No.45 of 2022 in
                    O.S.No.326 of 2002, dated 07.07.2023 passed by the learned Sub Judge,
                    Thuraiyur.

                                     For Petitioner      : Mr.A.Mohammed Haneef




                    1/5
https://www.mhc.tn.gov.in/judis
                                                                             C.R.P.(MD)No.2558 of 2023



                                                         ORDER

The Civil Revision Petition is directed against the order passed in

E.P.No.45 of 2022 in O.S.No.326 of 2002, dated 07.07.2023 on the file of

the learned Sub Judge, Thuraiyur, dismissing the execution petition.

2. It is not in dispute that the petitioner has obtained the decree on

10.09.2007; that he has filed an execution petition in E.P.No.53 of 2019 on

12.06.2019 and the same was dismissed on 24.11.2021 and that

subsequently, they have filed the second execution petition and the same

was taken on file in E.P.No.45 of 2022.

3. The learned Subordinate Judge, after conducting enquiry, has

passed the impugned order, dismissing the petition on the ground that the

execution petition is barred, since the decree was passed on 10.09.2007

and the second execution petition came to be filed on 04.08.2022, after the

period of 12 years.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2558 of 2023

4. In view of the above, the impugned order dismissing the petition

in E.P.No.45 of 2022 in O.S.No.326 of 2002, dated 07.07.2023 passed by

the learned Sub Judge, Thuraiyur, cannot be found fault with. Hence, this

Court concludes that the Civil Revision is devoid of merit and the same is

liable to be dismissed.

5. At this juncture, the learned counsel for the petitioner would

submit that liberty may be given to file an application to restore the

petition in E.P.No.53 of 2019.

6. In view of the above, the Civil Revision Petition is dismissed.

The petitioner is at liberty to file an application to restore the petition in

E.P.No.53 of 2019 and if such application is filed, the trial Judge is

directed to consider the same and pass orders in accordance with law. No

costs.

12.10.2023 NCC :yes/No Index :yes/No Internet:yes/No das

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2558 of 2023

To

1. The Sub Judge, Thuraiyur.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2558 of 2023

K.MURALI SHANKAR,J.

das

Order made in C.R.P(PD)(MD)No.2558 of 2023

Dated : 12.10.2023

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