The Madurai Bench dismissed civil revision petitions filed against an order recalling a delivery warrant. The Court held the petitions were not maintainable as the execution petition had already terminated and property was delivered.
Civil Revision Petitions dismissed; confirming order dated 07.03.2015; connected Miscellaneous Petitions closed.
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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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN
C.R.P.(MD)Nos.946 and 947 of 2015 and M.P(MD).Nos.1 and 2 of 2015 in both C.R.Ps.
Sathya
1.S. Thangavel :1st Respondent/Respondent/ Petitioner/Plaintiff 2.Karuppanan : 2nd Respondents /Respondent/ 1st Respondent/ 1st Defendant
COMMON PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 07.03.2015 passed in E.A.Nos.38 and 39 of 2014 in E.P.No.55 of 2012 in O.S.No. 29 of 2006 by the learned Subordinate Judge, Vedachandur.
For Petitioner : Mr. Babu Rajendiran in both C.R.Ps. For R1 : Mr. S. Vinod Sathya Lazar in both C.R.Ps. For R2 : Mr. M. Selvakumar in both C.R.Ps. ***
These Civil Revision Petitions are filed against the fair and decreetal order, dated 07.03.2015 passed in E.A.Nos.38 and 39 of 2014 in E.P.No.55 of 2012 in O.S.No. 29 of 2006, on the file of the learned Subordinate Judge, Vedachandur.
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debtor, who was a party to the proceedings is not entitled to challenge the decree before the Executing Court and the Executing Court has not go beyond the decree, unless it is void, abinitio or without jurisdiction. Challenging the same, the petitioner has filed the present Civil Revision Petitions.
Sd/ Assistant Registrar(AS)
/True copy/
Sub Assistant Registrar
To
The Subordinate Judge, Vedachandur.
+1cc to Mr.S.VINOD SATHIYA, Advocate, SR.No. 62788
C.R.P.(MD)Nos.946 and 947 of 2015 and M.P(MD).Nos.1 and 2 of 2015 in both C.R.Ps. 20.04.2018
TRP KK/RSK SKN/SAR-4/23.05.2018/2P-3C
2 issues framed by the court
Whether civil revision petitions are maintainable where the execution petition has already been terminated and property delivered.
Whether the court could recall the delivery warrant and stay proceedings in an terminated execution petition via revision.
1 provisions across 1 enactments
Sathya S. Thangavel
Karuppanan
M.V. Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
