The High Court set aside the order of arrest passed by the District Munsif in an execution petition. The decision was made after filing a fresh undertaking affidavit by petitioners and the respondent waiving contempt proceedings.
The order of arrest dated 21.11.2015 passed by the learned District Munsif, Ponneri in E.P.No.59 of 2010 is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2017
CORAM :
THE HONOURABLE MS.JUSTICE R.MALA
C.R.P.(NPD).No.303 of 2016 and
C.M.P.No.1615 of 2016
1.M.Chandrasekaran
2.Ramachandran
3.Gangadaran
4.Janardhanam
Chandrabushanam (died)
5.Jamuna
6.Munirathinam 7.Mrs.Dilliammal .. Petitioners/Respondents 1 to 4, 6 to 9/ Defendants 1 to 4, 6 to 9 -Vs.1.V.Doss Naidu .. Respondent/Petitioner/Plaintiff 2.Rushyendramani .. Respondent/Respondent/Defendant-5
Prayer :
Civil Revision Petition is filed under Section 115 of CPC against the order and decree dated 21.11.2015 passed by the District Munsif, Ponneri in
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E.P.No.59 of 2010 in O.S.No.224 of 1998.
For Petitioner : Mr.BS.Jhothimaran
For Respondent : Mr.P.V.Muralidhar, for R1
R2 – Given up
O R D E R
Today (23.01.2017), a fresh and correct undertaking affidavit dated 21.01.2017 has been filed by the petitioners. The learned counsel appearing for the respondent/decree holder would submit that the undertaking given by the petitioners is sufficient and the respondent does not want to pursue the contempt.
2.Recording the submission made by the learned counsel for the
respondent and also the undertaking affidavit filed by the petitioners, the Civil Revision Petition stands allowed. Consequently, the order of arrest, dated 21.11.2015 passed by the learned District Munsif, Ponneri in E.P.No.59 of 2010 in O.S.No.224 of 1998 is hereby set aside. Connected miscellaneous petition is closed. No costs.
23.01.2017
pgp
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R.MALA, J.
pgp
C.R.P.(NPD).No.303 of 2016
Dated : 23.01.2017
2 issues framed by the court
Whether to set aside the order of arrest on the filing of a fresh undertaking affidavit by the petitioners in a civil revision petition.
Whether the respondent is willing to pursue contempt proceedings.
2 provisions across 2 enactments
1.M.Chandrasekaran, 2.Ramachandran, 3.Gangadaran, 4.Janardhanam, 5.Jamuna, 7.Mrs.Dilliammal
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
