K. N. Balan v. a. Chandran
Case brief
What is this about?
In a civil miscellaneous appeal, the High Court held that a judgment debtor lacks locus standi to file an application under Order 21 Rule 97 of CPC to obstruct a decree. The court allowed the impugned order to stand.
What did the court decide?
The civil miscellaneous appeal was dismissed with no costs. The order passed by the Trial Court confirming the obstruction application was upheld.
What the court decided
C.M.A.No.686 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.M.A.No.686 of 2015
K.N.Balan .. Petitioner
Vs. 1.A.Chandran 2.G.Senthil Murugan 3.R.Sekar .. Respondents
PRAYER : Civil Revision Petition is filed under Order 43 Rule 1(J) of Civil Procedure Code, to set aside the Fair and Decreetal order, dated 19.12.2014 made in E.A.No.74 of 2014 in E.P.No.10 of 2009 in O.S.No.29 of 2006 on the file of the I Additional District Judge, Erode.
For Petitioner : Mr.M.Guruprasad
For Respondents : Mr.A.Prabakaran for R1 and R2
: Mr.M.V.Venkataseshan for R3 Senior Counsel for Mr.V.V.Sathya
Issues for consideration
2 issues framed by the court
Whether a judgment debtor is entitled to file an application under Order 21 Rule 97 of CPC to obstruct the decree.
Whether the civil miscellaneous appeal challenging the dismissal of the obstruction application should be allowed.
Parties & counsel
- petitioner
K.N.Balan
- respondent
A.Chandran
- respondent
G.Senthil Murugan
- respondent
R.Sekar
Coram
Case details
As recorded by the court registry
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