Allowed

Jakkammal v. Pandi alias Appaiyasamy

Madras HC13 Nov 2024CRP(MD)/3193/2023

Case brief

AI extract

What is this about?

In this civil revision, the petitioner challenged the dismissal of her execution petition by the District Munsif Court, Theni, on the ground that a second appeal was pending without a stay. The bench held that closing the execution proceedings solely due to the pendency of an un-stayed second appeal was improper and restored the petition for further proceedings.

What did the court decide?

The District Munsif Court, Theni was directed to restore the execution petition E.P.No.13 of 2022 on file and proceed with it in accordance with law.

Jakkammal Vs Pandi alias Appaiyasamy — Execution and Attachment | Madras HC (2024)

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C.R.P(MD)No.3193 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.11.2024

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CORAM :

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THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

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C.R.P(MD)No.3193 of 2023

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Jakkammal ... Petitioner / Plaintiff

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1.Pandi @ Appaiyasamy 2.Perumalsamy 3.Manikandam ... Respondents / Respondents / Defendants

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Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the order and decreetal order dated 19.09.2023 made in E.P.No.13 of 2022 in O.S.No.83 of 2012 on the file of the District Munsif Court, Theni.

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For Petitioner : Mr.S.Siva Thilakar

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For Respondents : No appearance

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

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C.R.P(MD)No.3193 of 2023

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ORDER

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This Civil Revision Petition is preferred against the order of dismissal or closing of the execution proceedings filed by the petitioner in E.P.No.13 of 2022 in O.S.No.83 of 2012 on the file of the District Munsif Court, Theni.

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Learned counsel for the petitioner would submit that against the judgment and decree passed in O.S.No.83 of 2012, an appeal in A.S.No. 20 of 2014 was preferred by the respondents herein before the Subordinate Court, Theni. That was dismissed on 23.11.2021. Thereafter, a Second Appeal in S.A(MD)No.194 of 2022 is preferred before this Court which is stated to be pending. There is no stay order in the Second Appeal. Inspite of the fact that there is no stay order, the E.P.No.13 of 2022, filed by the petitioner was closed by the execution Court stating that a Second Appeal is pending before this Court.

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The closing or dismissal of the E.P.No.13 of 2022 by the execution Court by stating that the Second Appeal is pending before this Court, is not proper.

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

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C.R.P(MD)No.3193 of 2023

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There shall be a direction to the learned District Munsif , Theni

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to restore the E.P.No.13 of 2022 on file and proceed the same in accordance with law.

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With the above direction, this Civil Revision Petition is allowed.

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No costs.

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13.11.2024

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NCC :Yes/No Index :Yes/No Internet : Yes/ No

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pnn

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1.The District Munsif Court, Theni.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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

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3/4

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C.R.P(MD)No.3193 of 2023

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G.ILANGOVAN, J.

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pnn

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ORDER IN C.R.P(MD)No.3193 of 2023

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13.11.2024

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

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Jakkammal v. Pandi alias Appaiyasamy

Case brief

What is this about?

What did the court decide?

Jakkammal v. Pandi alias Appaiyasamy

Case brief

What is this about?

What did the court decide?

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