Dismissed

K.Kasinathan v. Banumathi

Madras HC4 Dec 2024CRP(MD)/3055/2024

Case brief

AI extract

What is this about?

This revision petition under CPC Sec. 115 challenged the E.A. dismissing a prayer to stay execution. The High Court directed the appellate court to dispose of the pending stay application within one month and instructed the Execution Court to wait until then, before dismissing the revision.

What did the court decide?

Directed the Sub Court to dispose of the pending stay application within one month; Execution Court to wait for further orders; Revision dismissed.

K.Kasinathan Vs Banumathi — Execution and Attachment | Madras HC (2024)

¶1

C.R.P.(MD)No.3055 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 04.12.2024

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE G.ILANGOVAN

¶6

C.R.P.(MD)No.3055 of 2024 and C.M.P.(MD).No.17392 of 2024

¶7

K.Kasinathan ... Petitioner/Petitioner No.1/

¶8

Respondent No.1/Defendant No.1

¶9

Vs.

¶10

1.Banumathi

¶11

2.Dhanalakshmi ... Respondent Nos.1 & 2/ Respondent Nos.1 & 2/Petitioners/Plaintiffs

¶12

3.M.Karuppiah @ Pandi

¶13

4.M.Rajangam ... Respondent Nos.3 & 4/Petitioner Nos.2 & 3 /Respondent Nos.2 & 3//Defendant Nos. 2 & 3

¶14

PRAYER : Civil Revision Petition is filed under Section 115 of the

¶15

Civil Procedure Code, to call for the records pertaining to the fair and decreetal order in E.A.No.3 of 2024 in E.P.No.4 of 2024 in O.S.No.14 of 2019, dated 28.10.2024 on the file of District Munsif cum Judicial Magistrate, Illayangudi and set aside the same.

¶16

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

¶17

1/5

¶18

C.R.P.(MD)No.3055 of 2024

¶19

For Petitioner : Mr.T.Lajapathi Roy, Senior Counsel for Mr.S.Stevenson

¶20

ORDER

¶21

This revision petition has been preferred against the order of dismissal passed by the Execution Court.

¶22

2.Considering the facts and circumstances of the case notice to the

¶23

respondents is dispensed with and the matter is taken up for final disposal at the admission stage itself.

¶24

3.Suit in O.S.No.14 of 2019 was filed by the respondents 1 and 2 herein as plaintiffs, seeking declaration, mandatory injunction and recovery of possession with costs. The same was partly allowed and the suit was decreed in respect of declaration and recovery of possession. In respect of mandatory injunction, the suit was dismissed. To execute the above said decree, the plaintiffs filed execution petition before the execution Court in E.P.No.4 of 2024. In the meantime, against the decree and Judgment passed in the suit, the defendants filed appeal suit before the Sub Court, Manamadurai, in A.S.No.1 of 2024, along with an interlocutory application in I.A.No.3 of 2024 seeking stay of execution

¶25

2/5

¶26

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

¶27

C.R.P.(MD)No.3055 of 2024

¶28

proceedings before the execution Court.

¶29

4.The grievance of the petitioner is that pending the above said matter before the appellate Court, E.A.No.3 of 2024, has been filed to stay the execution proceedings before the Execution Court. But that came to be dismissed by the Execution Court.

¶30

5.When there is no stay order by the appellate Court, there is no

¶31

prohibition for the trial Court/execution Court to execute the decree.

¶32

6.However, considering the facts and circumstances of the case, there shall be a direction to the appellate Court namely the Sub Court, Manamadurai, to dispose of the I.A.No.3 of 2024 in A.S.No.1 of 2024, pending on its file, within a period of one month from the date of receipt of a copy of this order, on its own merits. Depending upon the outcome of the stay petition in the appeal suit, further proceedings shall be taken in the execution petition. Till then the Execution Court shall wait.

¶33

3/5

¶34

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

¶35

C.R.P.(MD)No.3055 of 2024

¶36

7.With the above said directions, this civil revision petition stands

¶37

dismissed. No costs. Consequently, connected miscellaneous petition is closed.

¶38

04.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM

¶39

¶40

1.The Subordinate Judge, Manamadurai.

¶41

2.District Munsif cum Judicial Magistrate, Illayangudi.

¶42

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

¶43

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

¶44

4/5

¶45

C.R.P.(MD)No.3055 of 2024

¶46

G.ILANGOVAN ,J.

¶47

¶48

C.R.P.(MD)No.3055 of 2024

¶49

04.12.2024

¶50

5/5

¶51

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

K.Kasinathan v. Banumathi

Case brief

What is this about?

What did the court decide?

K.Kasinathan v. Banumathi

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

Palsamy Thevar Vs Raju Thevar

Chinnasamy Vs Kamalayee

A.Karutha Chokkan (Died) 1.Akkammal Vs O.a.J.Selvakumar

Chinnasamy Vs M.Janakaran

R.Mareeswari Vs Subbulakshmi.

Muthuveerappa Thevar (Died) Vs Asan Mohammed