Disposed

Chendu v. Mariyappan

Madras HC9 Feb 2024CRP(MD)/22/2024

Case brief

AI extract

What is this about?

The High Court disposed of civil revision petitions filed against the dismissal of execution stays. The court directed the subordinate appellate judge to dispose of pending appeal suits within two months. The respondent undertook not to proceed with execution pending such disposal.

What did the court decide?

Direction to the learned III Additional District Judge, Tirunelveli, to dispose of appeal suits within two months; respondent to comply with undertaking to not proceed with execution.

Chendu Vs Mariyappan — Specific Performance | Madras HC (2024)

¶1

C.R.P.(MD)Nos.22 and 23 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 09.02.2024

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE G.ILANGOVAN

¶6

C.R.P.(MD)Nos.22 and 23 of 2024 and C.M.P.(MD).Nos.192 and 194 of 2024

¶7

Chendu ... Petitioner/Petitioner/ 2^nd Respondent/2^nd Defendant in both petitions.

¶8

Vs.

¶9

1.Mariyappan ... 1^st Respondent/1^st Respondent/ Petitioner/Plaintiff in both petitions 2.Sudalaimani ... 2^nd Respondent/2^nd Respondent/ 1^st Respondent/1^st Defendant in both petitions

¶10

COMMON PRAYER : Civil Revision Petitions are filed under Section

¶11

115 of the Civil Procedure Code, to set aside the fair and decreetal order

¶12

passed in E.A.No.2 of 2023 in E.P.No.131 of 2019 in O.S.No.139 of 2014 and E.A.No.6 of 2023 in E.P.No.132 of 2019 in O.S.No.221 of 2014, dated 09.11.2023, on the file of the Principal Sub Court, Tirunelveli.

¶13

For Petitioner : Mr.M.Jegadeesha Pandian For Respondent : Mr.K.Rajeswaran

¶14

1/5

¶15

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

¶16

C.R.P.(MD)Nos.22 and 23 of 2024

¶17

COMMON ORDER

¶18

Against the dismissal order passed by the execution Court in E.A.No.2 of 2023 in E.P.No.131 of 2019 in O.S.No.139 of 2014 and

¶19

E.A.No.6 of 2023 in E.P.No.132 of 2019 in O.S.No.221 of 2014 dated 09.11.2023, these revision petitions have been preferred.

¶20

2.The grievance of the petitioner is that against the judgment and decree of the trial Court, he filed A.S.No.18 and 20 of 2020 before the District Court, Tirunelveli and now it is pending before the learned III Additional District Judge, Tirunelveli. He filed I.A.No.2 of 2023 in both the appeal suits, to stay the operation of the above said judgments and decrees passed by the trial Court. In the meantime, E.P.Nos.131 and 132 of 2019 have been filed by the respondent herein before the trial Court. Pending the execution proceedings, he filed E.A.Nos.2 and 6 of 2023 to stay the execution proceedings on the ground that appeal suits are already pending before the appellate Court. But, that came to be dismissed by the execution Court stating that since no stay order was passed by the appellate Court, there is no bar for executing the decree. Against which, these revisions are preferred.

¶21

2/5

¶22

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

¶23

C.R.P.(MD)Nos.22 and 23 of 2024

¶24

3.The learned counsel for the respondent straight away submitted that now the appeal themselves are ripe for hearing. So direction may be issued to the appellate Court to dispose of the above said appeal suits within a time prescribed. He also given an undertaking that till the disposal of the appeal suits, the respondent will not proceed with the E.P. For which, the learned counsel for the petitioner also agreed. In view of the above said development, there shall be a direction to the learned III Additional District Judge, Tirunelveli, to hear the appeal suits in A.S.Nos.18 and 20 of 2020 pending on his file and dispose the same within a period of two months from the date of receipt of a copy of this order. Till then, the above said undertaking must be complied by the respondent.

¶25

4.With the above said directions, these civil revision petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

¶26

09.02.2024 Index : Yes / No Internet : Yes / No TM

¶27

3/5

¶28

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

¶29

C.R.P.(MD)Nos.22 and 23 of 2024

¶30

¶31

1.The III Additional District Judge, Tirunelveli.

¶32

2.The Principal Subordinate Judge, Tirunelveli.

¶33

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

¶34

4/5

¶35

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

¶36

C.R.P.(MD)Nos.22 and 23 of 2024

¶37

G.ILANGOVAN ,J.

¶38

¶39

C.R.P.(MD)Nos.22 and 23 of 2024

¶40

09.02.2024

¶41

5/5

¶42

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

Chendu v. Mariyappan

Case brief

What is this about?

What did the court decide?

Chendu v. Mariyappan

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

E.G. Shanthi Vs v. PRABAKARan

Alagu Vs Tamil Selvi

P.Anusha Vs P.Sabapathy

Selvin Jeya Singh, Vs T.Karthikeyan

R.Vijaya Geetha, Vs Aarthika

Manikandan @ Mani Vs The Inspector of Police