Meenakshi vs A.Venugopal
2024 Latest Caselaw 17229 Mad

Madras High Court

Meenakshi vs A.Venugopal on 2 September, 2024

                                                                          C.R.P. (PD) No.3403 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated : 02.09.2024

                                                      CORAM

                            THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

                                            C.R.P. (PD) No.3403 of 2024
                                            and C.M.P.No.18396 of 2024

                 Meenakshi                                                        ... Petitioner
                                                       Vs.
                 A.Venugopal                                                      ... Respondent


                 PRAYER: Civil Revision Petition filed under Section 115 of the Code of
                 Civil Procedure, against the decreetal order dated 24.11.2023 made in
                 E.P.No.3195 of 2023 in O.S.No.3719 of 2018 on the file of the Court of the
                 IX Assistant Judge, City Civil Court, Chennai.


                           For the Petitioner     :     Mr.M.Kamesh

                                                      ORDER

This Civil Revision Petition arises against the order passed by the

learned IX Assistant Judge, City Civil Court, Chennai, in E.P.No.3195 of

2023 in O.S.No.3719 of 2018 dated 24.11.2023.

2. The Civil Revision Petitioner is the Judgment Debtor. The

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respondent herein presented a suit in O.S.No.3719 of 2018, seeking for

recovery of possession of the suit schedule mentioned property, damages and

other reliefs. After contest, the suit came to be decreed on 14.10.2022. Since

the Civil Revision Petitioner did not handover the possession of the property

as directed in the decree, the respondent preferred E.P.No.3195 of 2023.

When the matter was taken up for hearing before the learned Judge on

24.11.2023, the Civil Revision Petitioner pleaded that she is proposing to file

an appeal as against the decree. The trial Court would have none of it and

ordered delivery, against which, the present Civil Revision Petition.

3. Heard, Mr.Kamesh representing Mr.Tamil Vendan.

4. Mr.Kamesh, would submit that the petitioner is proposing to file an

appeal as against the decree and therefore, execution proceedings should be

stayed.

5. Unless and until a decree is stayed by the Trial Court, the executing

Court is duty bound to proceed further. It is not in dispute that till date, there

is no order in appeal staying the execution of the proceedings. Therefore, I

do not find any error in the order passed by the IX Assistant Judge, City Civil

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Court, Chennai, in E.P.No.3195 of 2023 in O.S.No.3719 of 2018 dated

24.11.2023. This Civil Revision Petition stands dismissed. No costs.

Consequently, the connected miscellaneous petition is closed.

02.09.2024

Jer

Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order Neutral citation : Yes / No

To The IX Assistant Judge, City Civil Court, Chennai.

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V.LAKSHMINARAYANAN, J., Jer

02.09.2024

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