K. Allauddin Badashah vs Mohammed Zuber
2025 Latest Caselaw 8710 Mad

Madras High Court

K. Allauddin Badashah vs Mohammed Zuber on 18 November, 2025

                                                                                           CRP NO. 4676 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 18-11-2025
                                                    CORAM
                                    THE HONOURABLE MR.JUSTICE P.B. BALAJI

                                   CRP NO. 4676 of 2025 and CMP No.23707 of 2025


                K. Allauddin Badashah                                             Petitioner

                                                                   Vs

                1. Mohammed Zuber
                 S.A. Kuthoos (Died)
                2.K.Shirajdeen                                                           Respondents

                          Revision filed under Section 115 of the Civil Procedure Code against the fair
                and final order dated 23.06.2025 made in E.P.No.26 of 2020 in O.S.No.25 of 2009
                on the file of I Additional Subordinate Judge, Erode directing arrest of the
                petitioner.

                          For Petitioner     : M.Sivavarthanan

                          For Respondents : No appearnace




                                                              ORDER

Heard the learned counsel for the petitioner.

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2. The petitioner is the third judgment debtor in O.S.No.25 of 2009 on the file

of Senior Civil Judge, Chikodi. The third defendant/revision petitioner is one of the

partners of the first defendant Firm which has suffered a decree in O.S.No.25 of

2009.

3. The respondents/decree holders have sought for transmission of the decree

in order to execute the same before the jurisdictional Court viz., I Additional

Subordinate Court, Erode. The execution petition has been filed in EP No.26 of

2020 before the I Additional Subordinate Court, Erode to arrest the respondents 2

and the revision petitioner/who is the third respondent in EP No.26 of 2020., who

are the partners of the first judgment debtor Firm.

4. Learned counsel for the petitioner would submit that the Managing Parner

has passed away and it has been brought to the notice of the executing court besides

also giving full particulars of the assets owned by the first defendant Firm. Despite

the said fair stand taken by the third respondent in the counter affidavit, learned

counsel for the petitioner would submit that the executing court has proceeded to

order arrest of the revision petitioner. The executing court has not considered the

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fundamental criteria which has to be examined before ordering arrest of the

judgment debtors. If only the judgment debtors are possessed of means and they are

still dodging the satisfaction of the decree, then, the executing court is empowered

to order arrest .

5. Here, admittedly, even in the counter filed to the execution petition, the

revision petitioner has disclosed the details of the immovable properties belonging

to the first defendant Firm and therefore, the executing court should not have

proceeded to arrest and instead given liberty to the respondents/decree holders to

proceed against the assests of the first respondent Firm.

P.B.BALAJI.,J

sr

6. Despite service of notice, the respondents have not chosen to appear either

in person or through counsel. In the light of the above, I am inclined to allow the

civil revision petition by setting aside the order passed in EP No.26 of 2020 in

O.S.No.25 of 2009.

7. Accordingly, the order passed in EP No.26 of 2020 is set aside and the

civil revision petition is allowed and the respondents are at liberty to file appropriate

execution petition to bring the properties of the first defendant firm for

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attachment/sale in accordance with law.

No costs. Consequently, connected miscellaneous petition is closed.

18-11-2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order

To The I Additional Subordinate Court, Erode CRP No.4676 of 2025

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