Madras High Court
N.Dhanalakshmi vs Anbarasan on 24 January, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
CRP NPD.Nos.157 & 158 of 2025
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 24.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
CRP NPD Nos.157 & 158 of 2025 & CMP.No.1167 of 2025
N.Dhanalakshmi . . . Petitioner in both CRPs.
Versus
1. Anbarasan
K.Shanmugham [deceased]
2. Kumar
3. Sekar
4. Ravi
5. Sudhakar
6. Menaka
7. Kalavathi
8. Kanchana . . . Respondents in both CRPs
PRAYER : Petitions filed under Article 227 of Constitution of India to set
aside the Order dated 07.11.2024 made in E.A.Nos.1 and 2 of 2024 in
E.P.No.107 of 2024 passed by the Sub Judge, Thiruvotriyur by allowing these
Civil Revision Petitions.
For petitioner : Mr.R.Manickavel [in both CRPs]
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CRP NPD.Nos.157 & 158 of 2025
COMMON ORDER
Challenge has been made against the Order of dismissal of the
applications filed to implead the revision petitioner as party in the Execution
Petition and to allow the revision petitioner to deposit entire decree debt
claimed in the Execution Petition, these Civil Revision Petitions have been
filed.
2. As no adverse Order has been passed against the decree holder,
notice to the respondents is dispensed with and the Civil Revision Petition is
take up for final disposal.
3. The first respondent as a decree holder has obtained a decree for
recovery of a sum of Rs.2,10,000/- with subsequent interest and has levied
execution petition in E.P.No.107 of 2024 for recovery of a sum of
Rs.4,89,355/- and to release that decree amount sought for a direction to the
judgment debtor to pay the amount and in failure to pay the amount, sought
the property to be attached. At this stage, the revision petitioner has filed an
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CRP NPD.Nos.157 & 158 of 2025
application to implead himself in the execution proceedings on the ground that
he has purchased the property on 11.10.2018 and he is a bonafide purchaser
and he has also filed an application to permit him to deposit the decree
amount. The respondent opposed the application on the ground that the third
party has no right to be impleaded. However, the execution Court had
dismissed the applications holding that when the property has already been
attached and the property has been purchased on 11.10.2018, therefore, the
revision petitioner cannot be impleaded.
4. At the outset, this Court is of the view that the Order dismissing
applications cannot be sustained for the following reasons. Admittedly, the
petitioner has purchased the property during the existence of the attachment.
Hence, any sale is always subject to the claims enforceable under the
attachment. Though the sale is void as against the claim enforceable under the
attachment, when the purchaser himself seeks to discharge the entire amount,
there is no impediment under the law to realise the amount. Further, the very
concern of the decree holder is only to realise the amount. If the amount is
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CRP NPD.Nos.157 & 158 of 2025
realised, the question of bringing the property for auction will not arise. When
the third party, who is purchaser of the property during the pendency of the
litigation, is willing to deposit the entire amount before the Execution Court,
the learned Execution Court ought to have allowed the applications filed for
impleadment and permitted the revision petitioner to deposit the amount.
Hence, the Orders impugned are liable to be set aside.
5. Accordingly, these Civil Revision Petitions are allowed and the
Order of the Execution Court in E.A.Nos.1 and 2 of 2024 in E.P.No.107 of
2024 are set aside. The revision petitioner is impleaded in the Execution
Petition and the revision petitioner is directed to deposit the entire amount to
the credit of the Execution Petition within a period of four weeks from the
date of receipt of a copy of this Order. On such deposit, the Execution Court
shall terminate the Execution Petition and also raise the attachment and a copy
of the Order shall also be communicated to the concerned Sub Registrar. No
costs. Consequently, connected miscellaneous petition is closed.
24.01.2025
https://www.mhc.tn.gov.in/judis
CRP NPD.Nos.157 & 158 of 2025
Index : Yes / No
Internet: Yes
Speaking/non speaking order
vrc
To,
The Sub Judge,
Thiruvotriyur.
https://www.mhc.tn.gov.in/judis
CRP NPD.Nos.157 & 158 of 2025
N. SATHISH KUMAR, J.
vrc
CRP NPD Nos.157 & 158 of 2025
24.01.2025
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