This revision petition challenged a cryptic execution order ignoring the respondent's claim of satisfaction. The High Court set aside the order, remanding it with directions to pass a reasoned decision within two months.
Impugned order set aside; matter remitted to Court below to pass reasoned order within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.371 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.08.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.371 of 2019 and C.M.P(MD)No.1790 of 2019
Tamil Nadu State Transport Corporation By its Managing Director, Trichirappalli-620 001.
...Petitioner/Respondent/ Respondent
Vs.
1.P.Manimekalai
2.P.Yuvedha
3.P.Dilip
Palaniyammal (Died)
4.P.Veluchamy
...Respondents/Petitioners/ Petitioners
(The fourth respondent is the driver of the revision petitioner and that he given up)
PRAYER: Civil Revision Petition is filed Section 115 of C.P.C., to call for the records relating to the orders passed in E.P.No.133 of 2018, dated 31.01.2019 on the file of the III Additional District Court, Tiruchirappalli against M.C.O.P.No.91 of 1993 on the file of the II Additional District Court, Tiruchirappalli and set aside the same.
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For Petitioner : Mr.P.Prabhakaran For R1 to R3 : Mr.M.Saravanan For R4 : Given up
ORDER
This civil revision petition has been filed against the order passed by the III Additional District Court, Tiruchirappalli in E.P.No.133 of 2018, dated 31.01.2019.
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attach the petition mentioned movables. For ready reference, the order of the Court below is extracted hereunder:
"Perused. There appears to be no legal impediment to execute the award or to grant the relief as sought for. Hence, the petition is allowed.
Attach by 07.03.2019. Batta in 3 days."
of order. Further, from the perusal of the order, though the second respondent has filed a counter and memo to the effect that they have satisfied the entire E.P. amount, there were no discussions in the impugned order dated 31.01.2019. The reasoning is the endogenous vistage of any order and inexorable requirements. The same is apparently missing in this order, which makes the order become perverse.
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the learned Trial Judge. However, in the interest of justice, the matter is remitted back to the Court below to consider the matter afresh according to law and to pass a reasoned order within a period of two months from the date of receipt of the copy of this order. Both the parties are directed to appear before the Court below on 30.08.2023.
04.08.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No sn
To
3.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.
C.KUMARAPPAN,J.
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C.R.P(MD)No.371 of 2019
SN
C.R.P(MD)No.371 of 2019
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2 issues framed by the court
Whether the impugned execution order is liable to be set aside for being cryptic and lacking reasoning despite a claim of satisfaction of award.
Whether the Court below should remand the matter to consider afresh and pass a reasoned order.
2 provisions across 1 enactments
Tamil Nadu State Transport Corporation
P.Manimekalai
P.Yuvedha
P.Dilip
Palaniyammal
P.Veluchamy
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
