Madras High Court
T.Selvakumar vs G.Thainesh @ Dinesh on 16 October, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P.(MD)No.2125 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 16.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD)No.2125 of 2024
and
C.M.P.(MD)No.12106 of 2024
T.Selvakumar ... Petitioner / Petitioner / Respondent /
Defendant
Vs.
G.Thainesh @ Dinesh ... Respondent / Respondent / Petitioner /
Plaintiff
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, to set aside the fair and decreetal order dated 13.03.2024 passed in
E.A.No.7 of 2023 in E.P.No.90 of 2020 in O.S.No.264 of 2014 on the file of
the first Additional Sub Judge at Nagercoil.
For Petitioner : Mr.M.P.Senthil
For Respondent : Mr.T.Selvakumaran
https://www.mhc.tn.gov.in/judis
1/4
C.R.P.(MD)No.2125 of 2024
ORDER
Heard both sides.
2.The respondent herein filed O.S.No.264 of 2014 on the file of the first
Additional Sub Judge, Nagercoil for recovery of a sum of Rs.5,00,000/- with
interest from the revision petitioner herein. The suit was decreed as prayed for
on 25.04.2017. The decree holder thereafter filed E.P.No.90 of 2020 for
enforcing the decree. At this stage, the Judgment debtor filed E.A.No.7 of 2023
seeking permission to clear the decreetal dues in installments. IA was
dismissed vide order dated 13.03.2024 on the ground that under Article 126 of
the Limitation Act, the Judgment debtor ought to have approached the Court
which passed the decree within 30 days of passing of the decree to clear the
decreetal dues in installments. Since the Judgment debtor failed to do so in this
case, the executing Court came to the conclusion that EA was not maintainable.
Challenging the said order, the present civil revision petition has been filed.
3. The learned counsel appearing for the revision petitioner draws my
attention to the decision reported in 2012 (4) CTC 504 (M.Pasupathi Vs.
M.N.Chinnusamy). A learned Judge of this Court had held that the Executing
Court has ample power to grant sufficient time to the Judgment debtor to
discharge the decreetal dues.
https://www.mhc.tn.gov.in/judis
4. I am inclined to adopt the very same approach in this case also. In this
view of the matter, the impugned order is set aside. The decreetal liability has
mounted to more than Rs.11,00,000/-. The petitioner has already deposited
Rs.1,00,000/-. The decree holder is at liberty to withdraw the same. The
balance amount shall be cleared by the petitioner in exactly 15 equal monthly
installments. The first installment shall be payable on 15.11.2024. If the
petitioner commits default in paying two successive monthly installments, the
benefit of this order will stand automatically vacated and it would be open to
the executing court to take appropriate steps as per law.
5. The Civil Revision Petition is allowed accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
16.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
rmi
To:
The first Additional Sub Judge at Nagercoil.
G.R.SWAMINATHAN, J.
https://www.mhc.tn.gov.in/judis
rmi
16.10.2024
https://www.mhc.tn.gov.in/judis
