Rani v. G.Kanmani
Case brief
What is this about?
This revision petition aimed to set aside an order blocking execution of a decree. The court held the application was maintainable under Order XXI Rule 58 or 97 CPC, making the revision under Article 227 CPC non-maintainable.
What did the court decide?
The matter was dismissed and the petitioners were permitted to file an appeal against the impugned order.
What the court decided
C.R.P. (NPD) No.364 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Civil Revision Petition (NPD) No.364 of 2021
- Mrs.Rani
- C.Mutukumar
.. Petitioners
Vs.
- Mrs.G.Kanmani
- G.Gopal
- Azhageasan
- Chinnasamy .. Respondents
Issues for consideration
2 issues framed by the court
Whether this civil revision application under Article 227 of the Constitution of India challenging an order entered upon an execution application is maintainable.
Whether an application filed under Order XXI Rule 58 CPC to obstruct execution of a decree for specific performance is maintainable when the correct provision is Order XXI Rule 97 CPC.
Parties & counsel
- petitioner
Mrs.Rani
- petitioner
C.Mutukumar
- respondent
Mrs.G.Kanmani
- respondent
G.Gopal
- respondent
Azhageasan
- respondent
Case details
As recorded by the court registry
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