Madras High Court
Unknown vs R.Palanivel (Died) on 24 September, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P.No.3830 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.3830 of 2024
and C.M.P.No.21028 of 2024
1. Muthulakshmi
2. Venkatachalam
3. Sudha
(Cause title accepted vide order dated 11.09.2024 made in
C.M.P.No.20331 of 2024 in CRP.SR.No.111008 of 2024) ... Petitioners
Vs
R.Palanivel (Died)
1. Mohan
2. Thenmozhi ... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, pleased to set aside the order dated 19.10.2023 in unnumbered REA.No......
of 2023 bearing D.No.342 of 2023 in REP.No.38 of 2017 in O.S.No.297 of 2008
on the file of the Additional District Munsif Court, Namakkal and directing the
Executing Court to permit the petitioners to deposit the decree amount with
accrued interest in REP. No.38 of 2017 within a time to be fixed by this Court and
to direct the Court below to raise the attachment over the subject property on such
deposit.
1/7
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C.R.P.No.3830 of 2024
For Petitioners : Mr.C.Jagadish
ORDER
This Civil Revision Petition has been filed against the order dated
19.10.2023 passed in unnumbered REA.No...... of 2023 bearing D.No.342 of 2023
in REP.No.38 of 2017 in O.S.No.297 of 2008 on the file of the Additional District
Munsif Court, Namakkal and further, seeking to direct the Executing Court to
permit the petitioners to deposit the decree amount with accrued interest in REP.
No.38 of 2017 and also to direct the Court below to raise the attachment over the
subject property on such deposit.
2. The submissions of the learned counsel for the petitioners are as follows :
2.1 The father of the respondents named R.Palanive1/plaintiff had
filed a money suit against the petitioners/defendants before the Additional District
Munsif Court, Namakkal, in O.S.No.297 of 2008. In the said suit, the petitioners
were set ex parte and the ex parte decree came to be passed on 05.03.2015
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directing the petitioners to pay a sum of Rs.50,780/- (9% interest on the principal
amount of Rs.40,000/- from the date of suit till the date of decree) and to pay 6%
interest from the date of decree till the date of recovery. Further, they were
directed to pay a sum of Rs.12,606/- to the plaintiff towards cost.
2.2. Thereafter, the plaintiff had filed a petition in REP.No.38 of 2017
before the Additional District Munsif Court, Namakkal, for execution of the ex
parte decree stating that on the date of filing the REP, a sum of Rs.79,600/- was
due to the plaintiff. Even in the execution petition, the petitioners/defendants were
set ex parte. Meanwhile, the plaintiff passed away and the respondents herein have
filed a petition to implead them as legal heirs of the deceased plaintiff.
2.3. Thereafter, pursuant to the ex parte order passed in the execution
proceedings, four items of the properties belonging to the petitioners situated in
Navani Village and Thathaiyangarpatti Village, Puduchatram Sub Registration
District, Namakkal Registration District totaling to an extent of 1.37 acres, 0.71
acres, 0.15 acres and 2.66 acres respectively, were attached.
2.4. The petitioners, on coming to know about the ex parte decree and
the attachment, had approached the Executing Court by filing the applications
under Section 151 of Code of Civil Procedure, seeking to advance the hearing in
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the execution petition and also for issuance of lodgment schedule for enabling the
petitioners to deposit a sum of Rs.1,14,400/- (the decreetal amount along with
accrued interest as on 19.10.2023) and also to raise the attachment in respect of
the property which was attached by the Executing Court, whereas, the Executing
Court had returned the applications on 19.10.2023 stating that without the ex parte
order 02.03.2021 being set aside and without impleading the legal heirs of the
deceased plaintiff, the petitions cannot be accepted. The returns were complied
and represented, however, the Executing Court had returned the plaint once again
on 03.11.2023.
2.5. There is no rhyme or reason for the Executing Court to return the
applications, since the petitioners have agreed to deposit the entire decreetal
amount pursuant to the decree and the execution proceedings and the petitioners
have not sought for setting aside the decree. The Executing Court, without any
valid ground, had returned the application. It is for the Court concerned to decide
with regard to the legal heirs to be impleaded and the decreetal amount to be
disbursed to them. Due to the delay in accepting the amount, the petitioners are
unnecessarily made to pay additional interest on the decreetal amount. Further, the
property of the petitioners worth about more than several lakhs has been
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unnecessarily attached for a sum of Rs.76,900/-, thereby, he prayed that the order
of return may be set aside and a direction may be issued to the Court concerned to
receive the amount and raise the order of attachment.
3. Heard the learned counsel for the petitioners and perused the materials
available on record.
4. On perusal of records, it is seen that the petitioners, who are the judgment
debtors, have approached the Executing Court offering to pay the entire decreetal
amount with accrued interest, whereas, the Executing Court, without any proper
reason, returned the application stating that the petition for impleading the legal
heirs is pending and during such time, the amounts cannot be accepted. When the
judgment debtors themselves have offered to pay the entire decreetal amount, the
order of returning the application without any rhyme or reason is not proper and in
the view of the Court, is liable to be set aside.
5. In view of the above, this Civil Revision Petition stands allowed and the
order of return dated 19.10.2023 in unnumbered REA.No...... of 2023 bearing
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D.No.342 of 2023 in REP.No.38 of 2017 in O.S.No.297 of 2008 is hereby set
aside and the petitioners are directed to file fresh lodgment schedule calculating
the amounts to be paid and they shall deposit the entire amount within two weeks
from the date of receipt of a copy of this order. On such deposit being made by the
petitioners, the Additional District Munsif, Namakkal, is directed to raise the
attachment made over the subject property in REP.No.38 of 2017. Consequently,
the connected miscellaneous petition is also closed. No costs.
24.09.2024
Issue Order copy on 25.09.2024
Index : Yes / No
Neutral Citation : Yes / No
ham
Note : Registry is directed to return the original papers
to the counsel for the petitioners.
To
The Additional District Munsif Court, Namakkal.
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A.D.JAGADISH CHANDIRA, J.
ham
24.09.2024
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