Gopal v. Jaganathan
Case brief
What is this about?
In a Civil Revision Petition under Section 115 CPC, this Court allowed the plea that a decree holder, after obtaining possession by court process, could not be forced to file a fresh suit to recover possession upon trespass by the judgment debtor, relying on cited precedents.
What did the court decide?
The order passed in E.A.No.11 of 2013 is set aside and the Civil Revision Petition is allowed.
What the court decided
CRP.(NPD).No.2104 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.02.2020
CORAM :
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CRP.(NPD).No.4190 of 2014
Gopal ... Petitioner
Versus
Jaganathan ... Respondent
Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the Judgment and decree dated 20.06.2014 made in E.A.No.11 of 2013 in V.E.P.No.291 of 2000 in G.O.S.No.742 of 1992, on the file of District Munsif Court, Katapadi, Vellore District.
For petitioner : A.Gouthaman
For Respondent : Mr.M.Sathishkumar
ORDER
The Petitioner is the decree holder in O.S. No. 749 of 1992. The
Issues for consideration
3 issues framed by the court
Whether a decree holder dispossessed by a judgment debtor after obtaining possession by court process must file a separate suit for re-delivery or can proceed via execution proceedings.
Whether the rejection of an execution application for re-delivery of possession when the property was already surrendered to the court violated established precedents.
Whether the impugned judgment in E.A.No.11 of 2013 should be set aside allowing the revision petition.
Parties & counsel
- petitioner
Gopal
- respondent
Jaganathan
Coram
RMT Teekaa Raman
Case details
As recorded by the court registry
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