Madras High Court
E.Jebaraj vs R.Krishnadas on 3 January, 2024
Author: G.Ilangovan
Bench: G.Ilangovan
C.R.P(MD)No. 3418 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.3418 of 2023
and C.M.P(MD)No.17613 of 2023
E.Jebaraj ... Petitioner/Petitioner/Appellant
Vs.
R.Krishnadas ... Respondent/Respondent/Defendant
PRAYER: This Civil Revision Petition is filed under Article 227 of the
Constitution of India against the fair and decreetal order dated 16.12.2023 made in
I.A.No.3 of 2023 in A.S.No.37 of 2022 on the file of the Subordinate Judge,
Kuzithurai.
For Petitioner : Mr. T.Selvakumaran
ORDER
The petitioner/defendant suffered a decree and judgment dated
30.07.2022 made in O.S.No.266 of 2011 on the file of the I Additional District
Munsif, Kuzhithurai. Challenging the judgment and decree, the petitioner filed
A.S.No.37 of 2022 before the Subordinate Judge, Kuzhithurai, along with stay
petition in I.A.No.1 of 2022 to stay the operation of the decree. That was not taken
up for hearing immediately.
https://www.mhc.tn.gov.in/judis
2. In the meantime, execution proceedings were initiated by the decree
holder by filing E.P.No.20 of 2023 in which the petitioner was served with notice.
He also appeared and filed objections stating that he preferred an appeal before the
Appellate Court and the stay petition is also pending. That contention was rejected
by the Execution Court stating that mere pendency of the appeal will not be bar for
the proceedings in the execution. It is mentioned by the Execution Court that in
spite of repeated opportunity given to the petitioner, he has not utilized the
opportunities to obtain an order of stay of the decree and therefore, his objection
was rejected.
3. Thereafter, the petitioner has moved I.A.No.3 of 2023 before
Appellate Court in A.S.No.37 of 2022 to advance the hearing in I.A.No.1 of 2022.
That came to be dismissed by the Appellate Court stating that there is no urgency
in view of the heavy pendency of the proceedings, it could not be taken up by
advancing the matter. Challenging the above said order, the present Civil Revision
Petition is filed.
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4.At the time of hearing, the learned counsel for the petitioner expressed
a grievance that even a copy of the fair order made in E.P.No. 20 of 2023 is not
made available to him.
5. A copy of the order made in E.P.No.20 of 2023 dated 18.12.2023 was
obtained from the concerned court which showed the above narrated facts.
6. The manner in which the Appellate Court dealt with the petition is not
proper. Heavy pendency is not the reason for rejecting the genuine request made
by the petitioner. On that sole ground, even without issuing notice to the
respondent, the order dated 06.12.2023 passed by the Appellate Court in I.A.No.3
of 2023 in A.S.No.37 of 2022 is liable to be interfered with and accordingly, the
same is interfered with. Further, there shall be a direction to the Appellate Court to
dispose of I.A.No.1 of 2022 in A.S.No.37 of 2022 within a period of fifteen days
from the date of receipt of a copy of this order. In the meantime, let the execution
proceedings be kept in abeyance by the Execution Court.
https://www.mhc.tn.gov.in/judis
6. In the result, this Civil Revision Petition is allowed to the extent noted
above. No costs. Consequently, connected miscellaneous petition is closed.
03.01.2024
Index : Yes/No
Internet : Yes/No
CM
Note: Issue order copy on 04.01.2024
To
1. The Subordinate Judge, Kuzithurai.
2.The Principal District Munsif Court,
Kuzhithurai
3.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN, J.
CM
and C.M.P(MD)No.17613 of 2023
03.01.2024
https://www.mhc.tn.gov.in/judis
