Allowed

Thennarasu v. Kannupaiyan

Madras HC27 Mar 2019CRP/2635/2010

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a revision petition filed against an order attaching the salary of the defendant-judgment debtor for non-payment of a decree amount. The court allowed the petitioner to pay the decretal amount with interest in five monthly installments.

What did the court decide?

Allowed payment of decretal amount with interest in five monthly installments commencing from 01.04.2019; prohibited future attachment on payment compliance.

Thennarasu Vs Kannupaiyan — Execution and Attachment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.03.2019

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CORAM

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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CRP NPD NO.2635 of 2010 and

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M.P.No.1 of 2010

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Thennarasu

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... Revision Petitioner

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Vs. Kannupaiyan ... Respondent

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Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the order dated 13.08.2007 passed in R..E.P.No.31 of 2007 in O.S.No.164 of 2000 by the District Munsif, Krishnagiri.

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For Revision Petitioner : Mr.S.Mukunth for M/s Sarvabhauman Associates For Respondent : Mr.V.Nicholas

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ORDER

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This revision petition has been filed against the orders passed by the execution court in R.E.P.No.31 of 2007 in O.S.No.164 of 2000, ordering attachment of the salary of the revision petitioner.

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The revision petitioner is the defendant in O.S.No.164 of 2000 and the plaintiff had filed the suit against the defendant for recovery of a sum of Rs.54,800/-. The said suit was decreed in favour of the plaintiff. Subsequently, to execute the decree, the plaintiff had filed an execution petition in R.E.P.No31 of 2007. In that petition, the execution court passed an order of attachment of the salary of the defendant. Against which, the present revision petition has been filed by the defendant/judgment debtor.

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The learned counsel appearing for the respondent filed a memo stating that the decree amount with interest is calculated upto the month of February 2019 and it comes to Rs.1,34,918/-.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsel appearing for the revision petitioner would submit that the revision petitioner is ready and willing to pay the said amount of Rs.1,34,918/- in five monthly installments, without fail and hence, he may be permitted to pay the amount in five monthly installments.

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Recording the submission made by the learned counsel appearing for the revision petitioner, the revision petitioner/judgment debtor is directed to pay the amount of Rs.1,34,918/- with subsequent interest till 27.03.2019 at the rate of 6% per annum, in five monthly installments. The revision petitioner shall pay all the installment amounts by way of Demand Draft to the respondent and the first installment shall commence on 01.04.2019. On failure of complying the conditions by the revision petitioner, he will be proceeded for disobeying the orders of this court, under Contempt of Courts Act.

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With the above observations, this revision petition
is disposed off. The connected civil miscellaneous petition is
closed. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mst
To
The District Munsif, Krishnagiri.
copy to: The Record Keeper,
VR Section,
High Court,
Madras. ( 2 copies)
+1 cc to M/s.Sarvabhauman Associates, S.R.No.29072
CRP NPD No.2635 of 2010 and
M.P.No.1 of 2010
PA(CO)
SSM(29/03/2019).

¶20

https://hcservices.ecourts.gov.in/hcservices/

Thennarasu v. Kannupaiyan

Case brief

What is this about?

What did the court decide?

Thennarasu v. Kannupaiyan

Case brief

What is this about?

What did the court decide?

What the court decided

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