Tenants filed revision petitions to set aside a District Munsif's observation that a rent control order was inexecutable due to eviction. The court held inferior courts lack appellate power to deem superior orders inexecutable and closed the petitions without declaring the order such.
No costs; Civil Revision 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.
CRP.(NPD)(MD)Nos.1457 & 1458 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
CRP.(NPD)(MD) Nos.1457 and 1458 of 2012
CRP.(NPD)(MD)No.1457 of 2012
K.Sridhar Rao ... Petitioner/Respondent/Petitioner/Landlord
-vs-
R.Krishnamoorthy ... Respondent/Petitioner/Respondent/Tenant
PRAYER: This Petition is filed under Section 115 of C.P.C., praying to set aside the fair and decreetal order dated 28.02.2012 made in E.A.No.1090 of 2005 in E.P.No.681 of 2004 in R.C.O.P.No.67 of 1997 on the file of Principal District Munsif, Tiruchirapalli.
For Petitioner : Mr.P.Thiagarajan
CRP.(NPD)(MD)No.1458 of 2012
K.Sridhar Rao ... Petitioner/Petitioner/Petitioner/Landlord
-vs-
R.Krishnamoorthy ... Respondent/Respondent/Respondent/Tenant
PRAYER: This Petition is filed under Section 115 of C.P.C., praying to set aside the fair and decreetal order dated 28.02.2012 made in E.P.No.681 of 2004 in R.C.O.P.No.67 of 1997 on the file of Principal District Munsif, Tiruchirapalli.
For Petitioner : Mr.P.Thiagarajan
C O M M O N O R D E R
The Civil Revision Petition in C.R.P.(NPD) (MD) No.1457 of 2012 has been filed to set aside the fair and decreetal order dated 28.02.2012 made in E.A.No.1090 of 2005 in E.P.No.681 of 2004 in R.C.O.P.No.67 of 1997 by the Principal District Munsif, https://hcservices.ecourts.gov.in/hcservices/
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CRP.(NPD)(MD)Nos.1457 & 1458 of 2012
Tiruchirapalli, whereas C.R.P.(NPD) (MD) No.1458 of 2012 has been filed to set aside the fair and decreetal order dated 28.02.2012 made in E.P.No.681 of 2004 in R.C.O.P.No.67 of 1997 on the file of Principal District Munsif, Tiruchirapalli.
https://hcservices.ecourts.gov.in/hcservices/ 6. Be that as it may, a bare reading of the orders dated
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CRP.(NPD)(MD)Nos.1457 & 1458 of 2012
28.02.2012 explicitly reveals the fact that the observation made by the Principal District Munsif, Tiruchirapalli is only for the purpose of closing the Execution Petition and not for any other purpose, as it is a settled law that no order passed by a Court of law will become inexecutable, unless or otherwise the same is reversed by a Superior Court.
Assistant Registrar (AD-II)
// True Copy //
Sub Assistant Registrar(CS)
ar
To:
1.The Principal District Munsif, Tiruchirapalli.
2.The Principal Subordinate Judge, Tiruchirapalli.
Copy to:
The Record Keeper, (2 Copies) Vernacular Section, Madurai Bench of Madras High Court, Madurai.
Common Order made in CRP.(NPD)(MD) Nos.1457 and 1458 of 2012 Dated: 15.11.2019
JMN(10.12.2019) 3P : 5C
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2 issues framed by the court
Whether an observation by an inferior court declaring a superior order inexecutable amounts to a valid order usurping appellate powers.
Whether the observation that an order is inexecutable can be construed merely as closing the execution petition.
1 provisions across 1 enactments
K.Sridhar Rao
R.Krishnamoorthy
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
