High Court dismissed a civil revision petition challenging an execution court order which refused stay of execution proceedings for delivery of vacant possession due to lack of particulars regarding a pending appeal suit filed by the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2018
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
Civil Revision Petition (PD) No.230 of 2018
and
C.M.P.Nos.1331 and 1332 of 2018
Mr.Kathavarayan ... Petitioner
..Vs..
Thirumazhisai and
Thiru Nageswaran Nadu
Perur-Situru Sengundar Trust
Rep by its Secretary and
Joint Secretary
1.Mr.Kuppusamy Sengundhar
2.Mr.Thanikachalam Sengundhar ... Respondents
Prayer: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the order made in E.P.No.22 of 2011 in O.S.No.170 of 2006, dated 6.9.2017 by the District Munsif Court, Thiruvotriyur to set aside the same.
For petitioner : Mr.V.P.Rajendran
O R D E R
Challenging the order dated 6.9.2017 made in E.P.No.22 of 2011 in
O.S.No.170 of 2006, by the District Munsif Court, Thiruvotriyur, the present
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revision petition has been filed.
District Munsif Court, Tiruvottiyur, praying for delivery of vacant possession. The aforesaid suit was decreed on 16.12.2009.
Order 21, Rule 35 of C.P.C to direct the judgment debtor to deliver vacant possession. The petitioner contended before the Execution Court that he has
filed an appeal suit and the same is yet to be numbered.
parties, allowed the application holding that the petitioner has not produced any particulars regarding the appeal suit filed by him and that there is no ground to order stay of the execution proceedings.
the appeal suit numbered and to obtain an order of stay, though the decree was
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passed on 16.12.2009.
08.02.2018
nvi
To
The District Munsif Court, Thiruvotriyur
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D.KRISHNAKUMAR, J.,
nvi
Civil Revision Petition (PD) No.230 of 2018 and
C.M.P.Nos.1331 and 1332 of 2018
08.02.2018
1 issue framed by the court
Whether the revision petition succeeds given that the petitioner has not obtained an order of stay despite the decree passing.
Mr. Kathavarayan
Thirumazhisai and Thiru Nageswaran Nadu Perur-Situru Sengundar Trust Rep by Secretary Kuppusamy Sengundhar and Joint Secretary Mr. Thanikachalam Sengundhar
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
