S.M.Sekkappan vs M.Nagarajan
2024 Latest Caselaw 7588 Mad

Madras High Court

S.M.Sekkappan vs M.Nagarajan on 8 April, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                         C.R.P(MD)No.766 of 2019



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 08.04.2024

                                                    CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                           C.R.P(MD)No.766 of 2019

                     S.M.M.Muthuraman Chettiar (Died)

                     1.S.M.Sekkappan

                     2.S.M.Muthuraman                                 ... Petitioners

                     (2nd petitioner is the power agent of the first
                     petitioner)

                                                      Vs.

                     1.M.Nagarajan

                     2.A.Chidambaram

                     3.The Regional Transport Authority,
                       Pudukkottai.                                   ... Respondents


                     PRAYER : Civil Revision Petition is filed under Section 115 of the
                     Civil Procedure Code, to set aside the petition and order, dated
                     19.09.2018 made in E.P.No.70 of 2009 in O.S.No.111 of 2003 on the file
                     of the Sub Court, Pudukkottai and to allow this Civil Revision Petition

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https://www.mhc.tn.gov.in/judis
                                                                                  C.R.P(MD)No.766 of 2019

                     and to restore the E.P.No.70 of 2009 in O.S.No.111 of 2003 and to
                     dispose of the same on merits and in accordance with law.


                                         For Petitioners     : Mr.G.Sridharan

                                         For R-1 & R-2       : No appearance

                                         For R-3             : Mr.C.Satheesh
                                                               Government Advocate


                                                           ORDER

The legal heirs of the plaintiff in O.S.No.111 of 2003 on the file of

the Sub Court, Pudukottai are the revision petitioners. The revision

petition has been filed challenging the termination of execution

proceedings for not filing a Calculation Memo.

2. The plaintiff had filed the above suit for recovery of money and

the same was decreed on 05.08.2005. An execution petition in E.P.No.70

of 2009 was filed. The petition was adjourned from time to time and

some payments were also made by the judgment debtor. On 08.09.2017,

the Executing Court had directed both the parties to file a Calculation

Memo with regard to the outstanding amount. Since a Calculation Memo

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was not filed, the execution proceedings were terminated on 19.09.2018.

Challenging the same, the present revision petition has been filed by the

decree holder.

3. Pending revision petition, this Court has directed the decree

holder to submit a Calculation Memo before this Court and in

compliance of the same, a Calculation Memo, dated 08.04.2024 has been

submitted. The same is recorded.

4. Though the judgment debtor has been served and his name is

printed in the cause-list, there is no appearance either in person or

through Counsel.

5. In view of the above said facts, the order impugned in the Civil

Revision Petition is set aside. E.P.No.70 of 2009 is restored to the file.

The learned Counsel appearing for the revision petitioner / decree holder

is directed to file this Calculation Memo before the Executing Court. An

opportunity may be granted to the judgment debtor to file the Calculation

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Memo of their own. After considering the Calculation Memo filed by

either parties, the Executing Court is directed to dispose of the E.P on

merits and in accordance with law, within a period of four (4) months

from the date of receipt of a copy of this order.

6. With the above said observation, this Civil Revision Petition

stands disposed of. There shall be no order as to costs.

                                                                                   08.04.2024

                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes
                     BTR



                     To

                     1.The Sub Court,
                       Pudukkottai.

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

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

R.VIJAYAKUMAR, J.

BTR

Order made in

08.04.2024

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