Disposed

D.Palani v. Jayalakshmi

Madras HC18 Mar 2024CRP/1187/2024

Case brief

AI extract

What is this about?

The High Court used its revision power under Article 227 not to decide the merits of the execution application, but to mandate that the petitioner re-present the returned papers before the executing court to explain the lapse of notice, thereby dismissing the direct approach to revision. | dmj |C.R.P.No.1187 of 2024 | High Court of Madras | Yes | Neutral Citation: Yes

What did the court decide?

Petitioner directed to re-present the returned papers before the executing court within two weeks to explain the issue of maintainability.

D.Palani Vs Jayalakshmi — Civil Procedure and Limitation | Madras HC (2024)

¶1

C.R.P.No.1187 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 18.03.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

¶6

C.R.P. No.1187 of 2024

¶7

and

¶8

C.M.P. Nos.6123 and 6124 of 2024

¶9

D. Palani S/o. Late Duraisamy Naicker ... Petitioner

¶10

vs.

¶11

Jayalakshmi W/o. Ramesh Babu

¶12

... Respondent

¶13

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 10.01.2024 passed in E.A.SR. No.4687 of 2023 in E.P. No.19 of 2019 in O.S. No.111 of 2016 on the file of

¶14

the District Munsif of Katpadi, Vellore District.

¶15

For Petitioner : Ms.G. Sumithra

¶16

O R D E R

¶17

The Civil Revision Petition is filed seeking to set aside the order of

¶18

1/4

¶19

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

¶20

C.R.P.No.1187 of 2024

¶21

return dated 10.01.2024 passed in E.A.SR. No.4687 of 2023 in E.P. No.19 of

¶22

2019 in O.S. No.111 of 2016 on the file of the District Munsif of Katpadi,

¶23

Vellore District.

¶24

The petitioner herein who suffered decree for specific performance filed the instant application under Section 47 of Code of Civil Procedure with the prayer that entire proceedings in execution of decree is null and void as there was no proper notice under Order XXI Rule 34 of Code of Civil Procedure. The said application was returned by the executing Court on 10.01.2024 raising issue of maintainability. Aggrieved by the same, the petitioner is before this Court.

¶25

If the petitioner is of the opinion that the petition filed by him is maintainable, it is for the petitioner to offer his explanation and re-present the returned papers before the very same Court. Instead of following that procedure, the petitioner is not entitled to approach this Court by way of revision.

¶26

In view of the same, the Civil Revision Petition is disposed of with

¶27

2/4

¶28

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

¶29

C.R.P.No.1187 of 2024

¶30

direction to the petitioner to re-present the returned papers before the executing Court within two weeks from the date of receipt of copy of this order by offering his explanation regarding the issue of maintainability. If the executing Court is not satisfied with the explanation offered by the petitioner, the matter shall be called in open Court and after hearing the petitioner on the issue of maintainability, appropriate order shall be passed in accordance with law.

¶31

With this direction, the Civil Revision Petition stands disposed of.

¶32

No costs. Consequently, Connected miscellaneous petitions are closed.

¶33

18 .03.2024

¶34

Index	: Yes / No
Speaking order	: Yes / No
Neutral Citation mjs	: Yes / No

¶35

Note: - Registry is directed to return the original petition filed by the petitioner in E.A.SR. No.4687 of 2024 to the learned counsel appearing for the petitioner.

¶36

¶37

3/4

¶38

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

¶39

C.R.P.No.1187 of 2024

¶40

The District Munsif, Katpadi, Vellore District.

¶41

S.SOUNTHAR, J.

¶42

mjs

¶43

C.R.P.No.1187 of 2024

¶44

18.03.2024

¶45

4/4

¶46

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

D.Palani v. Jayalakshmi

Case brief

What is this about?

What did the court decide?

D.Palani v. Jayalakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kandasamy Vs Santhi

K.Vadivel Vs Aththayee

T. Muralidharan Vs M/S. Shriram Transport

Gokula Rao N Vs Prema Kumari

Mariyappan Vs Veerammal

R.Vijayakumar Vs T.Soundhari