Seethalakshmi v. Manickam
Case brief
What is this about?
Revision petition to set aside execution order was dismissed. Court held revision not maintainable as respondent failed to seek stay in pending appeal before resisting execution improperly.
What did the court decide?
Civil revision petition dismissed; connected miscellaneous petitions closed; no costs.
What the court decided
C.R.P.(MD)No.2067 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.2067 of 2023 and C.M.P.(MD).Nos.10322 and 14722 of 2023
1.Seethalakshmi 2.Surulivasan ... Petitioners/Respondents/Defendants
Vs.
Manickam ... Respondent/Petitioner/Plaintiff
PRAYER : Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decreetal order dated 30.01.2023 passed by the District Munsif Court, Sivagangai, in E.P.No. 21 of 2019 in O.S.No.150 of 2016.
For Petitioner : Mr.C.Suresh Kannan For Respondent : Mr.V.Georgeraja
ORDER
Issues for consideration
2 issues framed by the court
Whether a civil revision petition can maintainably challenge the execution court's order permitting execution despite a pending appeal in the subordinate court.
Whether the execution court has jurisdiction to proceed when no stay order exists from the appellate court resisting the execution petition.
Parties & counsel
- petitioner
Seethalakshmi and Surulivasan
- respondent
Manickam
Coram
G.ILANGOVAN
Case details
As recorded by the court registry
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