Disposed

Sankarabhushnam v. E.Dhavamani

Madras HC26 Jul 2017CRP/2224/2017

Case brief

AI extract

What is this about?

The High Court disposed of a civil revision petition filed under Article 227 seeking review of a decree. The Court observed that a similar Section 47 application was pending before the Execution Court with related parties. It directed the petitioner to participate in those proceedings and directed the lower court to complete the enquiry within one month.

What did the court decide?

Petitioner directed to participate in execution enquiry; Lower court directed to complete proceedings within one month.

Sankarabhushnam Vs E.Dhavamani — Execution and Attachment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 26.07.2017

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C O R A M

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The Honourable Mr.JUSTICE M. GOVINDARAJ

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CRP.(NPD)No.2224 of 2017 and
CMP.No.10602 of 2017
Sankarabhushnam ..Petitioner
Vs
1 E. Dhavamani
2.E. Gunamani
3.E. Jagadeesan
4.E. Lakshmi Sekar
5.E. Saroja
6.E. Jayaseelan
7.E. Rani Ethiraj allas E. Rani
8.E. Amutha
9.E. Bhaskar
10.E. Sridhar
11.E. Arul
12.E. Devatha
13.E. Karnal
14.E. Ebi
15.E. Chandra
16.E. Rajan
17.E. Ponmudi
Represented their power of attorney
E. Karnal son of (deceased) Ethirajan
No.167, Old No.64, Konnur High Road,
Ayyanavaram, Chennai-600 023. ..Respondents

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http://www.judis.nic.in

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Civil Revision Petition filed under Article 227 of Constitution of India as against the fair and decreetal order dated 22.12.2016 passed by the Hon'ble IX Assistant Judge, City Civil Court, Chennai, in E.A.S.R.No.58902 of 2016 in E.P.No.1247 of 2015 on O.S.NO.4747 of

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For Petitioner : Mr.T. Velumani
For Respondent :Mr.R. Balakrishnan
O R D E R

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This Civil Revision Petition has been filed against the fair and decreetal order dated 22.12.2016 passed by the Hon'ble IX Assistant Judge, City Civil Court, Chennai, in E.A.S.R.No.58902 of 2016 in E.P.No.1247 of 2015 on O.S.NO.4747 of 1977.

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This Civil Revision Petition is taken up after service and the respondents/decree holders have filed the counter affidavit.

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Heard the learned counsel for the petitioner as well as the learned counsel for the respondent.

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http://www.judis.nic.in

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After some arguments, it is submitted by the learned counsel

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appearing on either side that a similar application was filed before the Execution Court and the enquiry is going on, pursuant to the orders passed by this Court in C.R.P. No.125 of 2017 dated 09.03.2017.

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The learned counsel for the petitioner would submit that if opportunity is given to the petitioner to present his case, he would be satisfied. It is also submitted that the petitioner who filed Section 47 application are none other than the brothers of the petitioner in this Civil Revision Petition.

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The learned counsel for the respondents/decree holders would

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submit that the matter is posted before the Execution Court for adducing evidence on 27.07.2017. It is further submitted that there is a direction by the Hon'ble Supreme Court, directing the Judgment debtors to deposit the rentals before the Execution Court.

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http://www.judis.nic.in

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Considering the submissions made by the learned counsel

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appearing on either side, a direction is issued to the petitioner to participate in the enquiry proceedings along with his brothers before the Execution Court and adduce evidence. The Execution Court is directed to complete the proceedings, within a period of one month from today. The Execution Court is also directed to consider the issue regarding the direction issued by the Hon'ble Supreme Court.

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With the above directions, this Civil Revision Petition is

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disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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26.07.2017

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Note: ISSUE ORDER COPY ON 27.07.2017

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Index: Yes/No Speaking/Non-Speaking

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arr/gmd

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The IX Assistant Judge, City Civil Court, Chennai.

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http://www.judis.nic.in

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M. GOVINDARAJ, J.

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gmd

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CRP.(NPD)No.2224 of 2017 and
CMP.No.10602 of 2017

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26.07.2017

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http://www.judis.nic.in

Sankarabhushnam v. E.Dhavamani

Case brief

What is this about?

What did the court decide?

Sankarabhushnam v. E.Dhavamani

Case brief

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