Disposed

N.M. Sivakumar v. S. Kanagaraj

Madras HC15 Dec 2020CRP/396/2018

Case brief

AI extract

What is this about?

This Court disposed of a Civil Revision Petition challenging the dismissal of an execution petition for sale of property. The execution petition was dismissed due to lack of evidence linking the property to the judgment debtor. The Court allowed the petitioner to file a fresh execution petition with proper particulars.

What did the court decide?

Civil Revision Petition disposed of; no costs; petitioner allowed to file a fresh execution petition with proper particulars.

N.M. Sivakumar Vs S. Kanagaraj — Execution and Attachment | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.12.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.R.P.No.396 of 2018

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N.M.Sivakumar .. Petitioner/Plaintiff

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Vs.

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S.Kanagaraj ..Respondent/Defendant

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PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, praying to set aside the fair and final order dated 19.01.2017 made in E.P.No.39 of 2016 in O.S.No.421 of 2011 on the file of the court of I Additional Subordinate Judge, Erode by allowing this Civil Revision Petition.

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For Petitioner : Mr.C.E.Pratap

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For Respondent : Mr.N.Manokaran

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O R D E R

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This matter is taken up for hearing through VideoConferencing.

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2. The petitioner has come up with this Revision challenging the dismissal of the Execution Petition seeking sale of the property in execution of the decree for money obtained by him. The reason for dismissal is that the decree holder had not taken steps for establishing that the property that is sought to be sold belongs to the Judgment debtor.

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I have heard Mr.C.E.Pratap, learned counsel appearing for the petitioner and Mr.N.Manokaran, learned counsel appearing for the respondent.

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4. Though the trial court cannot be faulted for dismissing the Execution Petition on the ground of absence of evidence, it is made clear that it will be open to the decree holder to file a fresh Execution Petition with proper particulars and in such an event the Executing Court will deal with the matter and

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Page numbers

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

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dispose it of in accordance with law without being influenced by
the observations made in either the impugned order or in this
revision. Accordingly, this Civil Revision Petition is disposed
of. No costs.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
dsa
To
The learned I Additional Subordinate Judge,
Erode.
+1cc to Mr.C.E.Pratap, Advocate SR.41010
+1cc to M/s.N.Manokaran, Advocate SR.41049
C.R.P.No.396 of 2018
SR II(CO)
CB(19/01/2021)

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Page numbers

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

N.M. Sivakumar v. S. Kanagaraj

Case brief

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N.M. Sivakumar v. S. Kanagaraj

Case brief

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