Premkumar v. Adhiraj
Case brief
What is this about?
Civil Revision Petition filed to strike off execution proceedings. Bench ruled that since third party shares were excluded, the executing court can proceed with remaining property without fresh petition. Revision dismissed.
What did the court decide?
Civil Revision Petition dismissed as devoid of merits; connected Miscellaneous Petition closed.
What the court decided
C.R.P(MD)No.3020 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.12.2024
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P(MD)No.3020 of 2024 and C.M.P(MD)No.17242 of 2024
Premkumar
... Petitioner
Vs.
Adhiraj
... Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for records of the impugned proceedings of E.P.No.50 of 2014 in O.S.No.68 of 2010 on the file of the Sub Court, Aruppukottai, Virudhunagar District and struck of the same and consequently allow the Civil Revision Petition as prayed for.
Issues for consideration
2 issues framed by the court
Whether the execution proceedings can proceed with remaining property after third party shares were excluded making a fresh petition unnecessary.
Whether the High Court can allow striking off an execution petition when the executing court has exclusion order regarding third party shares.
Parties & counsel
- petitioner
Premkumar
- respondent
Adhiraj
Coram
K.Govindarajan Thilakavadi
Case details
As recorded by the court registry
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