Allowed

S.Stephen Raj, v. R.Balasundara Moorthy

Madras HC4 Oct 2023CRP(MD)/2531/2023

Case brief

AI extract

What is this about?

The Madras High Court allowed a Civil Revision Petition holding that the Principal District Court's practice of repeatedly returning the execution petition for documents already furnished and questioning its maintainability was improper. The Court directed the trial court to take up the petition on its file and proceed with execution.

What did the court decide?

The Principal District Judge, Ramanathapuram is directed to take the execution petition on file, if otherwise in order, and proceed with the same. No costs.

S.Stephen Raj, Vs R.Balasundara Moorthy — Execution and Attachment | Madras HC (2023)

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CRP(PD)(MD).No.2531 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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CRP(PD)(MD).No.2531 of 2023

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S.Stephen Raj

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: Petitioner/Petitioner/Plaintiff

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Vs.

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1.R.Balasundara Moorthy

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2.P.Vasanthi

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3.M.Rajeshwari

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4.B.Thiruselvam

5.B.Kalishwaran

6.K.Shanmugapriya

7.B.Muthulakshmi

8.R.Krishnaveni : Respondents/Respondents/Defendants

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Principal District Court, Ramanathapuram to take the petitioner's execution petition in filing No.EP/57/2023 in O.S.No.41 of 2017 on the file and proceed with the case in accordance with law.

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD).No.2531 of 2023

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For Petitioner : Mr.A.Haja Mohideen

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O R D E R

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The Civil Revision Petition has been filed seeking orders to direct the Principal District Court, Ramanathapuram to take the petitioner's execution petition on file No.EP/57/2023 in O.S.No.41 of 2017 on the file and proceed with the case in accordance with law.

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When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the matter was referred to Lok-Adalat and was settled before the Lok-Adalat and an award was passed on 19.12.2019.

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Since the defendants have not chosen to comply with the award, the petitioner has filed an execution petition for executing the sale deed. But the learned Principal District Judge has returned the petition, directing the decree holder to produce the encumbrance certificate and to furnish the

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD).No.2531 of 2023

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deposit particulars and that when the same were furnished, E.P was returned again questioning the maintainability of petition as the earlier execution petition was dismissed as not pressed. He would further submit that when the petition was again represented, requesting the Registry to take up matter before open Court. but subsequently, execution petition was again returned as previous return was not complied with.

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The learned counsel for the petitioner would submit that the award passed in the Lok-Adalat is yet to be executed and hence, the decree holder was constrained to file the execution petition.

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5.It is pertinent to note that this Court has already deprecated the practice of piecemeal returns.

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As rightly contended by the learned counsel for the petitioner, the returns made by the learned Principal District Judge is not proper and not in accordance with law. Hence, learned the Principal District Judge, Ramanathapuram is hereby directed to take the execution petition on file, if it is otherwise in order and proceed with the same.

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD).No.2531 of 2023

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7.With the above observation and direction, the Civil Revision

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Petition is disposed of. No costs.

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04.10.2023

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Note :The Registry is directed to return the original petition, filed along with this revision to the learned counsel for the revision petitioner, retaining a copy of the same.

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NCC : Yes/No Index : Yes/No Internet : Yes/No das

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The Principal District Court, Ramanathapuram.

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD).No.2531 of 2023

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K.MURALI SHANKAR, J.

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das

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CRP(PD)(MD).No.2531 of 2023

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04.10.2023

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https://www.mhc.tn.gov.in/judis

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S.Stephen Raj, v. R.Balasundara Moorthy

Case brief

What is this about?

What did the court decide?

S.Stephen Raj, v. R.Balasundara Moorthy

Case brief

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