Allowed

V. Arumugam, v. Sri Visalam Chit Funds

Madras HC11 Nov 2024CRP(MD)/151/2023

Case brief

AI extract

What is this about?

Third-party purchaser sought impleadment under Order 21 Rule 97 in execution proceedings; the Execution Court rejected the petition at the SR stage itself. The High Court held that maintainability cannot be decided at SR stage, allowed the revision, and directed restoration of the application for decision on the judicial side.

What did the court decide?

Revision allowed; Execution Court directed to restore E.A.SR.No.2952 of 2022 on file and decide maintainability on the judicial side within one month; no costs; connected CMP closed.

V. Arumugam, Vs Sri Visalam Chit Funds — Execution and Attachment | Madras HC (2024)

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C.R.P(MD).No.151 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.11.2024

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CORAM :

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THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

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C.R.P(MD)No.151 of 2023 and C.M.P.(MD)No.726 of 2023

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V.Arumugam ... Petitioner / 3rd Party

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Sri Visalam Chit funds represented by its Manager, No.40-A, Salai Road, Woraiyur, Trichy -3.

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... Respondent / Plaintiff

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Prayer : Civil Revision Petition is filed under Section 115 of Civil Procedure Code to set aside the order dated 13.12.2022 made in unnumbered E.A.SR.No.2952 of 2022 dated 15.09.2022 in E.PNo.37 of 2019 in O.S.No.730 of 2014 on the file of the District Munsif cum Judicial Magistrate, Srirangam and consequently direct the District Munsif cum Judicial Magistrate, Srirangam to take unnumbered EA.Sr.No.2952 of 2022 dated 15.09.2022 on file.

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For Petitioners : Mr.K.Prabhakar

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For Respondent : Mr.K.Sudalaiyandi

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

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C.R.P(MD).No.151 of 2023

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ORDER

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This Civil Revision Petition is filed to set aside the order dated 13.12.2022 made in unnumbered E.A.SR.No.2952 of 2022 dated 15.09.2022 in E.PNo.37 of 2019 in O.S.No.730 of 2014 on the file of the District Munsif cum Judicial Magistrate, Srirangam and consequently direct the District Munsif cum Judicial Magistrate, Srirangam to take unnumbered EA.Sr.No.2952 of 2022 dated 15.09.2022 on file.

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E.A.SR.No.2952 of 2022 was filed under Order 21 Rule 97 of C.P.C., by the petitioner herein to implead a party, stating that he is the third party purchaser prior to the suit from the judgment debtor. That was rejected by the Execution Court in the SR stage itself, as not maintainable.

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Deciding the maintainability of the petition at the SR stage, is not proper. On the sole ground, this Civil Revision Petition is liable to be allowed.

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

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C.R.P(MD).No.151 of 2023

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Accordingly, this Civil Revision Petition is allowed. There shall

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be a direction to the learned District Munsif cum Judicial Magistrate, Srirangam, to restore E.A.SR.No.2952 of 2022 on file. If anything to be decided on the question of maintainability, that shall be decided on the judicial side. The entire process be completed within a period of one month from the date of receipt of a copy of this order, considering the oldness of the suit. No costs. Consequently, connected miscellaneous petition stands closed.

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11.11.2024

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NCC :Yes/No Index :Yes/No Internet : Yes/ No

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pnn

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1.The District Munsif cum Judicial Magistrate, Srirangam.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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

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C.R.P(MD).No.151 of 2023

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G.ILANGOVAN, J.

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pnn

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ORDER IN C.R.P(MD)No.151 of 2023 and C.M.P.(MD)No.726 of 2023

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11.11.2024

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

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V. Arumugam, v. Sri Visalam Chit Funds

Case brief

What is this about?

What did the court decide?

V. Arumugam, v. Sri Visalam Chit Funds

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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