Madras High Court
S.Sumathi vs K.Balamurugan on 26 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.M..P.(PD)(MD).Nos.13861 and 13862 of
2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.P(MD)Nos.13861 and 13862 of 2024
in
C.R.P(MD) SR.No.71443 and 71442 of 2024
C.M.P(MD) No.13861 of 2024:
S.Sumathi ... Petitioner/Petitioner
Vs.
K.Balamurugan ... Respondent/Respondent
PRAYER: Civil Miscellaneous Petition filed under Section 5 of Limitation
Act, r/w 151 of C.P.C, to condone the delay of 172 days delay in filing the
Civil Revision Petition in C.R.P.(MD) SR.No.71443 of 2024.
PRAYER in C.R.P(MD) SR.No.71443 of 2024: Civil Revision Petition filed
under Section 115 of Civil Procedure Code, as against the fair and decreetal
order passed in E.A.No.2 of 2023 in E.P.No.15 of 2022 in O.S.No.368 of
2019, dated 02.12.2023 on the file of the Sub Court, Melur.
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C.M..P.(PD)(MD).Nos.13861 and 13862 of
2024
C.M.P(MD) No.13862 of 2024:
S.Sumathi ... Petitioner/Petitioner
Vs.
K.Balamurugan ... Respondent/Respondent
PRAYER: Civil Miscellaneous Petition filed under Section 5 of Limitation
Act, r/w 151 of C.P.C, to condone the delay of 172 days delay in filing the
Civil Revision Petition in C.R.P.(MD) SR.No.71442 of 2024.
PRAYER in C.R.P(MD) SR.No.71442 of 2024: Civil Revision Petition filed
under Section 115 of Civil Procedure Code, as against the fair and decreetal
order passed in E.A.No.3 of 2023 in E.P.No.15 of 2022 in O.S.No.368 of
2019, dated 02.12.2023 on the file of the Sub Court, Melur.
In both petitions:
For Petitioner : Mr.S.A.Ajmalkhan
For Respondent : Mr.M.Karuppasamy
COMMONORDER
The decree holder in O.S.No.368 of 2019 has filed both the revision
petitions, challenging the order dated 02.12.2023, wherein, the trial Court has
permitted the judgment debtor to deposit the decree amount.
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C.M..P.(PD)(MD).Nos.13861 and 13862 of
2. A perusal of the records reveal that the suit has been filed for
recovery of money based upon a mortgage deed. A preliminary decree and a
final decree were passed. The property was brought to court auction. Before
the auction could be conducted, the judgment debtor has filed an application
to set aside the ex parte order and to stay all further proceedings. The
Executing Court has passed an order directing the judgment debtor to deposit
the auction amount.
3. The judgment debtor has filed an application to review the order, to
the effect that instead of the auction amount she is willing to deposit the
decreetal amount and the said review has been allowed. Challenging the
same, the present Civil Revision Petition in C.R.P(MD) SR.No.71442 of 2024
has been filed.
4. The Execution Court has also granted stay of further proceedings in
view of the deposit of the decreetal amount. Challenging the same, another
Civil Revision Petition in C.R.P(MD) SR.No.71443 of 2024 has been filed.
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C.M..P.(PD)(MD).Nos.13861 and 13862 of
5. From the facts captured above it is clear that before the confirmation
of sale, the judgment debtor in a mortgage suit had deposited the decreetal
amount. However, it is the grievance of the decree holder that the entire
decree amount along with interest has not been deposited. The decree holder
is at liberty to raise such an objection before the executing Court.
6. With the above said observations, both the Civil Revision Petitions
stand disposed of in the condone delay stage itself and the Civil
Miscellaneous Petitions are also disposed of. The decree holder is entitled to
withdraw the amount deposited by the judgment debtor. There shall be no
order as to costs.
26.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
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C.M..P.(PD)(MD).Nos.13861 and 13862 of
To
1. The Sub Court,
Melur.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.M..P.(PD)(MD).Nos.13861 and 13862 of
R.VIJAYAKUMAR,J.
ebsi
C.M.P(MD)Nos.13861 and 13862 of 2024
in
C.R.P(MD) SR.No.71443 and 71442 of 2024
26.02.2025
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