Madras High Court
Muthathal vs Maheswari on 4 January, 2024
Author: G. Ilangovan
Bench: G.Ilangovan
C.R.P(MD)No.2893 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
C.R.P(MD)No.2893 of 2023
and C.M.P. (MD) No.15028 of 2023
Muthathal ...Petitioner/Petitioner/Appellant
Vs.
Maheswari ...Respondent/Respondent/Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the impugned Fair and Decreetal
order dated 16.08.2023 passed in I.A.No.2 of 2023 in A.S. No.53 of
2023, on the file of the Additional District Court (FTC), Tenkasi.
For Petitioner : Mr.D.Nallathambi
For Respondent : Mr.M.Jothi Basu
ORDER
This Civil Revision Petition is filed against the
impugned order dated 16.08.2023 passed in I.A.No.2 of 2023 in
A.S.No.53 of 2023, on the file of the Additional District Court
(FTC), Tenkasi.
https://www.mhc.tn.gov.in/judis
2. The suit in O.S.No.169 of 2017 was filed by the
respondent herein seeking the relief of specific performance. That
was decreed on 01.04.2022 against which A.S.No.53 of 2023 was
filed before the Principal District Judge, Tirunelveli. The same was
transferred to the file of the Additional District Judge(FTC), Tenkasi,
and stated to be pending. During the pendency of the appeal
proceedings, I.A.No. 2 of 2023 in A.S.No.53 of 2023 was filed to
stay the execution of the decree and judgment passed by the trial
court in and that came to be dismissed against which the present
revision is filed.
3. During the pendency of the appeal proceedings, the
respondent herein filed E.P.No.120 of 2022 before the trial court
seeking an order of execution of the decree and in that Execution
Petition, the petitioner remained ex-parte and execution was also
ordered.
https://www.mhc.tn.gov.in/judis
4. Heard the learned counsel for the petitioner and the
learned counsel for the respondent and perused the materials.
5. The Appellate Court dismissed the petition filed by the
revision petitioner seeking an order of interim stay of the decree by
stating that in the execution petition, since the petitioner has not
appeared before the Court, ex-parte order has been passed and the
petitioner did not take steps to set aside the ex-parte order passed in
the execution proceedings.
6.This Court does not find any error in that order. If the
decree is executed before the appeal is heard on merits. The
petitioner may face hardship in the event of the appeal allowed on
merits by invoking Section 144 C.P.C. But on this ground, the order
passed by the Appellate Court cannot be interfered with. But, there
shall be a direction to the Appellate Court to dispose of the appeal
within a period of two months from the date of receipt of a copy of
this order. In the meantime, let the execution proceedings in E.P.No.
https://www.mhc.tn.gov.in/judis
120 of 2022 be kept in abeyance.
7. In fine, this Civil Revision Petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
04.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
CM
To
1.The Additional District Court (FTC),
Tenkasi.
2. The Section Officer, V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G. ILANGOVAN, J.
CM
and C.M.P. (MD) No.15028 of 2023
04.01.2024
https://www.mhc.tn.gov.in/judis
