Disposed

B.Balasubramanian v. the Deputy Registrar of

Madras HC8 Mar 2018CRP/2402/2017

Case brief

AI extract

What is this about?

The High Court allowed a Civil Revision Petition filed under Article 226 against a declaratory order in an appeal. The Court directed the appellate court to dispose of the pending appeal by 30.06.2018 and restrained respondents from initiating execution proceedings till the final order.

What did the court decide?

The appellate court directed to dispose of CMA (CS) No.16 of 2014 by 30.06.2018; respondents restrained from execution till final order.

B.Balasubramanian Vs the Deputy Registrar of — Civil Procedure and Limitation | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.03.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR

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CRP(NPD).No.2402 of 2017
and
C.M.P.No.11308 of 2017
1.B.Balasubramanian
2.P.Mathiazalaghan .. Petitioners
Vs.
1.The Deputy Registrar of Co-operative Societies,
O/o. the Deputy Registrar of Co-operative Societies,
Attur Circle,
Attur Taluk,
Salem District.
2.The President/Managing Director,
S.612, Attur Agricultural Producers,
Co-operative Marketing Society Ltd.,
Attur,
Salem District. .. Respondents

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PRAYER : Civil Revision Petition filed under Article 227 of the

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Constitution of India against the fair and decreetal orders passed in

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I.A.No.98 of 2015 in CMA (CS) No.16 of 2014 dated 17.08.2015 on the file

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http://www.judis.nic.in

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of the Principal District Judge, Salem.

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For Petitioners : Mr.S.Kamadevan For R2 : Mr.L.P.Shanmuga Sundaram For R1 : No appearance

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O R D E R

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This Civil Revision Petition has been filed to set aside the fair and

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decreetal orders dated 17.08.2015 passed in I.A.No.98 of 2015 in CMA

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(CS) No.16 of 2014 by the learned Principal District Judge, Salem.

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2.The counsel for the petitioners submitted that the petitioners

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have filed an appeal in I.A.No.98 of 2015 in CMA (CS) No.16 of 2014 on the file of the Principal District Court, Salem. In the aforesaid appeal, the petitioners also filed an application for stay and the orders came to be passed on the ground that there were no Execution Proceedings filed

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and therefore, there is no necessity to consider the said application on merits. Hence, the Interlocutory Application is closed with liberty to file a fresh Interlocutory Application for stay as and when required. Pursuant to that the second respondent has passed a resolution to initiate the Execution proceedings against the petitioners against the order dated

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http://www.judis.nic.in

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17.08.2015.

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3.The learned counsel appearing for the respondents would submit

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that the appeal filed by the petitioners is pending before the Court below and there is no stay application is pending. Therefore, the resolution has been passed by the second respondent to attach and bring

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the properties for sale.

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4.This Court taking into considering that the aforesaid appeal in I.A.No.98 of 2015 in CMA (CS) No.16 of 2014 is posted for arguments. At this stage, if the respondent has executed the decree and the appeal will

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be become infructuous.

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5.Therefore, considering the aforesaid submission and in the ends

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of justice, this Court is inclined to pass the following Orders:

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1)The Appellate Court is directed to dispose of the CMA (CS) No.16 of 2014 on or before 30.06.2018 in accordance with law after providing an opportunity to the parties concerned;

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2)In the mean time, the respondents shall not proceed with the Execution Petition till the final order passed in the appeal.

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http://www.judis.nic.in

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6.Accordingly, the Civil Revision Petition stands disposed of with

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the above directions. No costs. Consequently, the connected

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Miscellaneous Petition is closed.

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08.03.2018
ah
Speaking/Non-Speaking order
Index :Yes/No
Internet:Yes/No
To
The Principal District Judge,
Salem.

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http://www.judis.nic.in

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D. KRISHNAKUMAR J.,

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CRP(NPD).No.2402 of 2017

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08.03.2018

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http://www.judis.nic.in

B.Balasubramanian v. the Deputy Registrar of

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B.Balasubramanian v. the Deputy Registrar of

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