Civil revision against an execution order in E.P.No.482/2018 arising from a 2004 decree. The court held that without a stay order staying execution, the revision was not maintainable and disposed of it, granting liberty to seek a stay from the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.233 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.12.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.233 of 2023 and C.M.P(MD)No.1110 of 2023
P.Seethalakshmi
... Petitioner / Respondent
Vs
S.Perumal ... Respondent / Petitioner
Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to allow this revision petition thereby setting aside the order dated 04.11.2022 passed by the learned III Additional Sub Judge, Madurai, in E.A.No.106/2022 in E.P.No.482/2018 in O.S.No.128/2004.
For Petitioner : Mr.J.Parethkumar
For Respondent : Mr.C.Mahadevan
ORDER
This Civil Revision Petition is filed to allow this revision petition
thereby setting aside the order dated 04.11.2022 passed by the learned III Additional Sub Judge, Madurai, in E.A.No.106/2022 in E.P.No.482/2018 in O.S.No.128/2004.
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submit that challenging the decree and judgment made in O.S.No.128 of 2004, he filed a suit in O.S.No.1003/2022 before the III Additional Subordinate Judge, Madurai.
disposed of. No costs. Consequently, connected miscellaneous petition stands closed.
NCC :Yes/No Index :Yes/No Internet : Yes/ No
09.12.2024
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C.R.P(MD)No.233 of 2023
To
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C.R.P(MD)No.233 of 2023
G.ILANGOVAN, J.
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ORDER IN C.R.P(MD)No.233 of 2023 and C.M.P(MD)No.1110 of 2023
09.12.2024
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1 issue framed by the court
Whether the revision petition challenging an execution order was maintainable absent a stay of execution by the trial court.
1 provisions across 1 enactments
P.Seethalakshmi
S.Perumal
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
