K.Sandhya v. Devasena
Case brief
What is this about?
The High Court allowed a civil revision petition challenging the dismissal of an application under Section 152 CPC for future interest. Holding that interest is procedural and the court ought to have granted it, the impugned order was set aside and future interest awarded.
What did the court decide?
The impugned order dismissing the application is set aside and the petitioner is entitled to 6% interest on the principal from the date of decree till realization.
What the court decided
C.R.P.[NPD].No.783 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 18.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.R.P.[NPD].No.783 of 2024
K.Sandhya
. . . Petitioner
Versus
Devasena . . . Respondent
PRAYER : Petition filed under Article 227 of Constitution of India to set aside the fair and decreetal Order dated 12.12.2023 made in I.A.no.5 of 2022 in O.S.No.5925 of 2019 on the file of the I Assistant City Civil Court, Chennai.
For petitioner : Mr.S.Mukunth, Senior Counsel for Mr.Sarvabhauman Associates For respondent : Mr.K.Jayaraman
Issues for consideration
2 issues framed by the court
Whether the Court can grant future interest by amending a final decree in the absence of an appeal?
Whether the trial Court ought to have awarded future interest on the principal when the decree was silent on it?
Parties & counsel
- petitioner
K.Sandhya
- respondent
Devasena
Coram
N. SATHISH KUMAR
Case details
As recorded by the court registry
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