S.Rajakumari v. a.Leela
Case brief
What is this about?
This High Court allowed a civil revision petition challenging an ex-parte arrest warrant issued during execution proceedings. The court set aside the impugned arrest order directing the executing court to proceed on merits within three months.
What did the court decide?
The impugned order of arrest warrant and the ex-parte order against the revision petitioner were set aside; the civil revision petition was allowed.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD).No.1062 of 2018 and C.M.P.(MD)Nos.4616 & 5411 of 2018
S.Rajakumari ... Revision petitioner/ Respondent/ 2nd Defendant
Vs.
- A.Leela 2. A.Ramesh Babu 3. A.Punitha 4. A.Nirmal ... Respondents/Petitioners/ Plaintiffs
PRAYER : Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the order of arrest warrant dated 26.04.2018 made in E.P.No.157 of 2017 in O.S.No.541 of 1998 on the file of the Principal District Munif, Thirunelveli District.
For Petitioner : Mr.R.Sureshkumar For Respondents : Mr.A.D.Ganeshamoorthi
O R D E R
Issues for consideration
2 issues framed by the court
Whether an ex-parte arrest warrant issued against a revision petitioner without notice can be maintained when the petitioner intends to contest the execution proceedings.
Whether the operation of an ex-parte arrest warrant should be stayed or set aside while a challenge to the decree is pending.
Parties & counsel
- petitioner
S.Rajakumari
- respondent
A.Leela
- respondent
A.Ramesh Babu
- respondent
A.Punitha
- respondent
A.Nirmal
Case details
As recorded by the court registry
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