S. Manonmani v. D.Mohanraj
Case brief
What is this about?
Revision against execution orders dismissed. Court held remedy lies before Appellate Court pending delay condonation. Petitioner granted liberty to file stay application there.
What did the court decide?
Revision petition dismissed with liberty to approach Appellate Court to file a stay application.
What the court decided
C.R.P.No.1348 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM:
THE HONOURABLE Dr.JUSTICE D.NAGARJUN
C.R.P.No.1348 of 2023 and C.M.P.No.9069 of 2023
S.Manonmani ... Petitioner
Vs.
1.D.Mohanraj M.Sadasivam (Died) M.Nithiyanandham (Died) 2.N.Mangaiyarkkarasi ... Respondents
PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code to set aside the Docket order passed in E.P.No.22 of 2021 in O.S.No.111 of 2010 on the file of the Subordinate Judge of Pollachi, Coimbatore District dated 07.02.2023.
For Petitioner : Mr.M.Saravanakumar
O R D E R
Issues for consideration
1 issue framed by the court
Whether the High Court could intervene under Section 115 CPC to set aside execution orders when an effective remedy lies pending before the Appellate Court.
Parties & counsel
- petitioner
S.Manonmani
- respondent
N.Mangaiyarkkarasi
Coram
D.Nagarjun
Case details
As recorded by the court registry
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