A.Gnanathickam vs A.S.Kannan
2023 Latest Caselaw 12245 Mad

                                                                  C.R.P.(NPD)No.2117 of 2004

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 11.09.2023

                                                   CORAM:

                        THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                           C.R.P.(NPD)No.2117 of 2004

                     A.Gnanathickam                                     .. Petitioner
                                                   Vs.
                     1.A.S.Kannan

                     2.Singarayan

                     3.M.S.Amuldoss

                     4.Periyanayagam

                     5.A.Susai

                     6.S.Devasakayam

                     7.S.Gnanathickam

                     8.S.Amulraj

                     9.Mailappan

                     10.S.Arockiyam

                     11.A.Adaikalasamy


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                            C.R.P.(NPD)No.2117 of 2004

                     12.M.Chinappan                                             .. Respondents

                     PRAYER: Civil Revision Petition is filed under section 115 of Civil
                     Procedure Code, to set aside the fair and decreetal order, dated
                     11.06.2004, in E.P.No.7 of 2004 in O.S.No.842 of 1986, on the file of the
                     Principal District Munsif Court at Cuddalore.
                                        For Petitioner     : Mr.E.K.Amalnath for P.Mathivanan

                                                           ORDER

This revision arises against an order passed in E.P.No.7 of 2004 on

the file of the learned Principal District Munsif at Cuddalore.

2. E.P.No.7 of 2004 was filed on the basis of the decree obtained in

O.S.No.842 of 1986 on the file of the learned Principal District Munsif at

Cuddalore. The said suit was decreed in and by way of a judgment and

decree dated 11.12.2003. The money decree is for a sum of Rs.5,000/-

(Rupees five thousand only) as against the defendants 1 to 17. The said

decree has become final. Execution Petition was filed for recovery of the

said amount together with interest in all amounting to Rs.13,645.17. The

attachment was ordered by the Court below. Against which, the said

revision.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2117 of 2004

3. Heard Mr.E.K.Amalnath representing Mr.P.Mathivanan, learned

counsel appearing for the petitioner. He seeks time for argument. Going

through the papers, I find that it is a joint decree which gives an option to

the decree holder to proceed against any one of the judgment debtors. He

has commenced execution against any one of the judgment debtors. The

revision petitioner, being an employed person, his salary to an extent of

Rs.1,300/- has been attached as early as on 2004. After a period of 19

years, nothing remains to be adjudicated.

4. In any event, the Executing Court has merely executed the

decree as it stands. It has not committed any error. There is no illegality

or irregularity in the order. Therefore, the Civil Revision Petition is

dismissed. No costs.

11.09.2023

Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No MKN 2/vs

To The Principal District Munsif Court, Cuddalore.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2117 of 2004

V.LAKSHMINARAYANAN,J.

MKN 2/vs

C.R.P.(NPD)No.2117 of 2004

11.09.2023

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