Murugan v. Kavitha
Case brief
What is this about?
The Madras High Court directed the Subordinate Judge to consider a pending application to condone delay and set aside an ex-parte decree before proceeding with salary attachment in execution proceedings, while staying further actions until such consideration.
What did the court decide?
Subordinate Judge directed to consider application IA No.833 of 2018 within 30 days; stay of further proceedings in Execution Petition.
What the court decided
C.R.P.(MD) No.1576 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2019 CORAM: THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.R.P.(MD) No.1576 of 2019 and CMP(MD) No.8342 of 2019
Murugan
... Petitioner/Judgment Debtor/Defendant
-Vs-
1.Kavitha ... Respondent/Decree Holder/Plaintiff
- The Chief Manager Accountant Officer/Finance/TA/Circle 10 NLC India Limited Neyveli ... Respondent/Garnishee
PRAYER: Civil Revision Petition is filed, under Section 115 of Civil Procedure Code, against the fair and decreetal order, dated 30.04.2019 in E.P.No.39 of 2018 in O.S.No.136 of 2017 on the file of the Subordinate Judge, Ambasamudram, Tirunelveli District.
For Petitioner : Mr.P.Ganapathi Subramanian For R1 : Mr.T.Antony Arulraj
O R D E R
Issues for consideration
2 issues framed by the court
Whether the Subordinate Judge's execution proceedings are proper without first deciding the pending application to set aside the ex-parte decree.
Whether an ex-parte decree should be set aside or condoned delay before proceeding with execution against salary.
Parties & counsel
- petitioner
Murugan
- respondent
Kavitha
- respondent
The Chief Manager Accountant Officer/Finance/TA/Circle 10 NLC India Limited Neyveli
Coram
Case details
As recorded by the court registry
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