Revision against order raising attachment in execution petition. Court held registered sale agreement prior to attachment order protected under CPC Section 64(2) and dismissed revision against Subordinate Court Devakottai.
Civil revision petition dismissed; costs not awarded; connected miscellaneous petition closed.
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C.R.P(MD)No.431 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.431 of 2019 and C.M.P(MD)No.2155 of 2019
Ravindran ... Petitioner/1st Respondent/ Petitioner/Plaintiff Vs.
1.Somasundaram ...1st Respondent/Petitioner/ Claimant/Third Party Ponnaiah (Died) ...Nil/2nd Respondent/ 2nd Respondent/ Defendant
2.Indira
3.Vanitha 4.Madhavi 5.Vimala ...Respondents 2 to 5/ Respondents 3 to 6/ Respondents 3 to 6/ Defendants
PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order passed in E.A.No.55 of 2012 in E.P.No.85 of 2010 in O.S.No.92 of 2008, dated 08.10.2018 on the file of the Subordinate Court, Devakottai and set aside the same.
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For Petitioner : Mr.C.Jeyaprakash For R1, R2, R4 & R5 : No Appearance For R3 : Dismissed for Default (vide order dated 03.12.2021)
ORDER
This civil revision petition has been filed against the order passed by the Subordinate Court, Devakottai in E.A.No.55 of 2012 in E.P.No. 85 of 2010 in O.S.No.92 of 2008, dated 08.10.2018.
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the Court of law and that there was a long delay in filing an application to set aside the order of attachment. Therefore, contended that the order passed by the Court below raising the attachment is contrary to law. Hence, prayed to allow the civil revision petition.
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Court below, the Court below has referred to Section 64 (2) of C.P.C. For
ready reference, Section 64 (2) of C.P.C., is extracted hereunder:
" 64. Private alienation of property after attachment to be void.
1...
2. Nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment."
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costs. Consequently, connected miscellaneous petition is closed.
09.08.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No sn
To
1.The Subordinate Court, Devakottai.
2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P(MD)No.431 of 2019
C.KUMARAPPAN,J.
SN
C.R.P(MD)No.431 of 2019
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3 issues framed by the court
Whether a registered sale agreement executed after oral agreement but before attachment order is protected under Section 64(2) of CPC.
Whether the applicant in execution petition established a prior contract to raise the attachment.
Whether the civil revision petition challenging the order raising attachment should be allowed.
3 provisions across 1 enactments
Ravindran
Somasundaram
Ponnaiah (Died)
Indira
Vanitha
Madhavi
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
