A money decree holder sought stay of execution proceedings for a specific performance decree confirmed up to second appeal, claiming attachment of the same property. The court held the attachment improper as the judgment debtor had no right in the property and dismissed the revision petition.
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C.R.P.[NPD].No.4807 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 22.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.R.P.[NPD].No.4807 of 2024 & CMP.No.26883 of 2024
G.Prema . . . Petitioner
Versus
PRAYER : Petition filed under Article 227 of Constitution of India to condone the delay of 60 days in filing this Civil revision Petition against the fair and final Order passed dated 10.02.2023 made in E.A.No.1 of 2022 in E.P.No.65 of 2020 on the file of the Principal Subordinate Judge, Tiruppur.
For petitioner : Mr.S.Suganthan For respondents : Mr.Myilsamy – R1
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O R D E R
C.R.P.[NPD].No.4807 of 2024
Challenging the Order of dismissal of the application filed by the
revision petition to stay the execution proceedings, this Civil Revision Petition has been filed.
The first respondent has originally filed a suit in O.S.No.536 of 1990 in respect of the subject property to enforce a contract executed by the first defendant and the suit has been decreed in favour of the first respondent. As against the said decree, the appeal filed in A.S.No.4 of 1997 has also been dismissed and the decree has also been confirmed in the Second Appeal in A.S.No.160 of 2000. It appears that the first respondent has also filed an execution petition earlier in E.P.No.43 of 2011 for execution of the sale deed. The said Execution Petition has been dismissed for non filing of draft sale deed on 25.02.2020. Be that as it may.
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C.R.P.[NPD].No.4807 of 2024
as against the third respondent herein in O.S.No.197 of 2016 for recovery of a
sum of Rs.2,53,000/-. The said suit has been decreed exparte. Now, according to him, he has filed an execution petition in E.P.No.242 of 2017 and also got an attachment of the property. Therefore, he has filed an application for stay in execution proceedings which has been filed to execute the document in pursuant to the Specific performance decree which has been confirmed in the second Appeal in the year 2011. The said application has been dismissed stating that the decree passed in O.S.No.197 of 2016 is hit by doctrine of resjudicata. Challenging the same, the present revision petition has been filed.
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C.R.P.[NPD].No.4807 of 2024
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C.R.P.[NPD].No.4807 of 2024
remedy in the manner known to law and he can seek attachment of other
property of the judgment debtor.
No costs. Consequently, connected miscellaneous petition is closed.
22.11.2024
Index : Yes / No Internet: Yes Speaking/non speaking order vrc
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C.R.P.[NPD].No.4807 of 2024
N. SATHISH KUMAR, J.
vrc
C.R.P.[NPD].No.4807 of 2024
22.11.2024
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1 issue framed by the court
Whether the execution proceedings pursuant to a confirmed specific performance decree could be stalled by an attachment under an ex parte money decree over the same property.
1 provisions across 1 enactments
G.Prema
R.Srikumr
K.Balasubramaniam
Ranganathan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
