Civil revision petition against dismissal of application to transfer execution petition. Court held refusal of adjournment is no grounds for transfer. Petition dismissed; execution petition to be disposed within three months.
Civil Revision Petition dismissed; Execution Court directed to dispose of Execution Petition within three months.
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.
C.R.P. NPD 2753 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2020
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
C.R.P. (NPD) 2753 of 2015
and
M.P. 1 of 2015
1. B.Malakondiah
2. B.Narasimmalu ... Petitioners
Versus
Thirupamma ... Respondent
PRAYER :Civil Revision Petition is filed under Section 115 of Civil Procedure Code, praying to set aside the order in Tr.O.P. 219 of 014 dated 20.03.2015 by the Hon'ble Principal Judge, City
Civil Court, Chennai.
For Petitioners : M/s.Vincent and Vincent For Respondent : Mr.R.Muthamizh
O R D E R
This Civil Revision Petition has been filed against the order dismissing the petitioners application seeking to transfer E.P.
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C.R.P. NPD 2753 of 2015
2158 of 2010 from the file of X Asst. City Civil Court, Chennai to the file of XI Asst. City Civil Court, Chennai.
that ground, the learned Trial Court has refused to grant adjournment. In those circumstances, they wanted to transfer 2/5
C.R.P. NPD 2753 of 2015
the E.P. to the other concerned Court. The above application has been dismissed by the court below, on the ground that, a refusal of adjournment would not be a ground for transfer. Challenging the same, the present Civil Revision Petition has been filed.
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C.R.P. NPD 2753 of 2015
within a period of three months from the date of receipt of copy of this order. No costs. Consequently, the connected Miscellaneous Petition in M.P. 1 of 2015 is closed.
06.01.2020 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp To Principal Judge, City Civil Court, Chennai.
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C.R.P. NPD 2753 of 2015
V.BHARATHIDASAN,J.
rpp
C.R.P.NPD 2753 of 2015
and
M.P. 1 of 2015
06.01.2020
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2 issues framed by the court
Whether refusal of adjournment in execution petition is a ground for transfer of proceedings to another court.
Whether there is an illegality or irregularity in the trial court dismissing the application for transfer of execution petition.
2 provisions across 1 enactments
B.Malakondiah
B.Narasimmalu
Thirupamma
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
