Partly allowed

K.Nagarajan v. Arulmighu Beri Kaliamman

Madras HC5 Oct 2020CRP/2877/2018

Case brief

AI extract

What is this about?

The Court examined a revision petition challenging an execution order where the lower court disposed of the matter without hearing the judgment debtor despite reopening the petition. The Court set aside the order granting liberty to argue and directed the execution petition to be heard jointly on a fixed date with a final disposal by a specified date.

What did the court decide?

The impugned order in the Execution Petition is set aside. The Execution Petition is restored for hearing on 09.11.2020.

K.Nagarajan Vs Arulmighu Beri Kaliamman — Execution and Attachment | Madras HC (2020)

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CRP (NPD) No.2877 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.10.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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CRP (NPD) No.2877 of 2018 and CMP No.16907 of 2018

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K. Nagarajan ... Petitioner Vs Arulmighu Beri Kaliamman Temple Represented by its Executive Officer, Beripet, Vellore – 634 004. ... Respondent

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Prayer: The Civil Revision petition filed under Section 115 of the Code of Civil Procedure, 1905, against the order and decreetal order in E.P.No. 166 of 2016 in O.S. No.136 of 2004 on the file of Additional District Munsif, Vellore dated 24.07.2018.

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For Petitioner : Mr.V.Lakshminarayanan

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For Respondent :Mr.A.K.Sri Ram, for M/s.A.S.Kailasam and Associates

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O R D E R

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This revision is directed against an order in the Execution petition

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directing delivery of the suit property to the decree holder.

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The only grievance of the petitioner is that his counsel was not

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http://www.judis.nic.in

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CRP (NPD) No.2877 of 2018

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heard in the execution petition. In fact, an application was filed on

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23.07.2018 to reopen the execution petition to enable the counsel for the Judgment Debtor to make his submissions. The learned District Munsif returned the petition with the following endorsement:

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“For the respondent, a liberty was given to argue any time, how

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this petition is maintainable. Hence, this petition is returned. ”

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After returning the petition on 23.07.2018, the learned

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District Munsif, proceeded to dispose of the execution petition itself on

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24.07.2018. It is this procedure which is faulted by the learned counsel

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for the petitioner.

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The learned District Munsif, could have done well to hear the

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learned counsel appearing for the Judgment Debtor before disposing of the execution petition or he could have set him exparte and disposed of the execution petition. The order reads as if the petition has been disposed of on merits. There seems to be some justification in the grievance of the

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petitioner herein. The order impugned is set aside.

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Mr.V.Lakshminarayanan, learned counsel appearing for the

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petitioner would submit that his counter part would argue on the day fixed

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2/4

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http://www.judis.nic.in

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CRP (NPD) No.2877 of 2018

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by this Court.

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Hence, the Execution petition is directed to be taken up on

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09.11.2020 either through physical mode or by virtual mode and the counsel for the Judgement Debtor / petitioner herein shall address his arguments on the said day. It is made clear that no further adjournment will be granted. The learned District Munsif will dispose of the Execution petition on or

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before 30.11.2020 positively and report such disposal to this Court.

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In the result, this Civil Revision petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 05.10.2020 Note: Registry is directed to despatch the order immediately. vum Index: Yes/No Speaking order / Non speaking order To

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The Additional District Munsif, Vellore

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http://www.judis.nic.in

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CRP (NPD) No.2877 of 2018

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R.SUBRAMANIAN, J.

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vum

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CRP (NPD) No.2877 of 2018 and
CMP No.16907 of 2018
05.10.2020

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4/4

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http://www.judis.nic.in

K.Nagarajan v. Arulmighu Beri Kaliamman

Case brief

What is this about?

What did the court decide?

K.Nagarajan v. Arulmighu Beri Kaliamman

Case brief

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