Yuvarani Vadivelu ... Revision vs K.Murugan ... First
2025 Latest Caselaw 7971 Mad

Madras High Court

Yuvarani Vadivelu ... Revision vs K.Murugan ... First on 22 October, 2025

                                                                                           C.R.P.No.5069 of 2025




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 22.10.2025
                                                    CORAM
                                    THE HONOURABLE MR.JUSTICE P.B. BALAJI
                                                     C.R.P.No.5069 of 2025
                                                & C.M.P.No.25545 of 2025


                  Yuvarani Vadivelu                                ... Revision Petitioner/Obstructor
                                                                            /3rd Party
                                                                      Vs.

                  K.Murugan                                        ... First respondent/Decree
                                                                       Holder/Petitioner/Petitioner

                  S.Selvakumar                                     ... Second Respondent/Judgment
                                                                       Debtor/1st Respondent


                        Civil Revision Petition filed under Section 115 of Code of Civil
                  Procedure, 1908 to set aside the order passed in E.A.No.2 of 2025 in
                  E.P.No.17 of 2023 in M.C.O.P.No.72 of 2017 by the Hon'ble Special Sub-
                  Judge (MACT No-II) at Thiruvallur on 29.08.2025.

                                    For Petitioner       :         Ms.S.Vidya


                                                             ORDER

Heard Ms.S.Vidya, learned counsel for the revision petitioner.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 03:35:19 pm )

2. The revision petitioner, claiming that the share belonging to the

revision petitioner was sought to be executed by way of attachment in an

award for compensation arising out of a motor accident claim, has come with

an application questioning the execution taken under Section 47 of the Code

of Civil Procedure, 1908. However, the Executing Court has dismissed the

application on the ground that the application under Section 47 is not

maintainable at the instance of a third party, who has nothing to do with the

MCOP.

3. I do not find any infirmity in the findings of the Executing Court

non-suiting the petitioner on the ground of maintainability. However, it is the

specific case of the revision petitioner that the petitioner owns ¼ share in half

share and the share in excess of what is entitled to the respondent/judgment

debtor is only brought for sale in auction in order to satisfy the decree amount

in MCOP proceedings.

4. In the light of the above, without prejudice to the dismissal of the

application under Section 47 of CPC, the liberty is granted to the revision

petitioner to move an appropriate application invoking the correct provision

of law.

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With the above observation, this civil revision petition is dismissed.

Consequently, the connected miscellaneous petition is closed. There shall be

no order as to costs.

22.10.2025

Index: Yes/No Neutral Citation: Yes/No gpa

To

The Special Sub-Judge MACT No.II Thiruvallur

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 03:35:19 pm )

P.B.BALAJI.J.,

gpa

22.10.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 03:35:19 pm )