Dismissed

P.Ilamurugapandiyan v. Bala

Madras HC9 Oct 2023CRP(MD)/2574/2023

Case brief

AI extract

What is this about?

The Court dismissed the Civil Revision Petition. It observed that the executing court rightly terminated the execution proceedings due to the decree holder's non-compliance and the petitioner's default. An application to reopen the terminated proceedings to claim irregular allotment was dismissed by the lower court, and the Revision Petition was held to be devoid of merits.

What the court decided

AI extract

P.Ilamurugapandiyan Vs Bala — Execution and Attachment | Madras HC (2023)

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C.R.P.(MD)No.2574 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.10.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.2574 of 2023

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P.Ilamurugapandiyan : Petitioner/3^rd Respondent 3^rd Defendant Vs. 1.Bala : 1^st Respondent/Petitioner/Plaintiff Palaniyandi (died) : Respondent/1^st Defendant Poonkodi (died) : Respondent/4^th Defendant 2.S.Selvakumaran 3.K.kanthasamy 4.C.Tamilselvan 5.C.Rajamanickam : Respondents 2 to 5/Respondents/ Defendants 6.P.Kamarajpandiyan : 6^th Respondent/2^nd Respondent/ 2^nd Defendant

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the learned

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C.R.P.(MD)No.2574 of 2023

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Subordinate Judge, Periakulam, in E.A.No.4 of 2022 in E.P.No.7 of 2014, dated 28.11.2022.

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For Petitioner : Mr.M.Sankar

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ORDER

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The Civil Revision Petition is directed against the order passed in E.A.No.4 of 2022 in E.P.No.7 of 2014, dated 28.11.2022, on the file of the learned Subordinate Judge, Periakulam, terminating the execution proceedings.

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It is seen from the records that the decree holder has filed a final

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decree petition in pursuance of the preliminary decree and that since the petitioner had remained ex-parte, final decree was passed. Since there was no compliance, the decree holder has filed an execution petition in E.P.No.7 of 2014 and after order for allotment, the proceedings were ordered to be terminated.

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The petitioner, who is the third respondent/third defendant has filed the present application in E.A.No.4 of 2022 to reopen the execution petition alleging that some property were allotted to the decree holder in excess to their share allotted.

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C.R.P.(MD)No.2574 of 2023

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The learned Subordinate Judge, considering the objections raised by the other side and also taking note of the fact that the petitioner has not even mentioned the particulars about the additional allotment allegedly made, has rightly dismissed the petition.

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It is not in dispute that the petitioner has participated in the

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execution proceedings initially and subsequently, since there was no representation and the petitioner has not turned up for the hearing, the Executing Court has posted the matter for orders and subsequently, orders were passed. Since the Execution proceedings were already terminated, the present application to reopen the same alleging irregular allotment cannot be entertained and as such, the impugned order dismissing the petition cannot be found fault with. Hence, this Court concludes that the Civil Revision is devoid of merits and the same is liable to be dismissed.

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Accordingly, the Civil Revision Petition is dismissed. No costs.

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09.10.2023

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NCC :yes/No Index :yes/No Internet:yes/No das

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C.R.P.(MD)No.2574 of 2023

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K.MURALI SHANKAR,J.

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das

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1.The Subordinate Judge, Periakulam.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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Order made in C.R.P.(MD)No.2574 of 2023

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Dated : 09.10.2023

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P.Ilamurugapandiyan v. Bala

Case brief

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What the court decided

P.Ilamurugapandiyan v. Bala

Case brief

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What the court decided

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