The Madurai Bench dismissed a Civil Revision Petition challenging the Subordinate Court's order in execution proceedings. The court held execution could not be stalled as the applicant had failed to diligently prosecute pending applications to set aside ex parte decrees.
The Civil Revision Petition and connected miscellaneous petition were dismissed with no costs.
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.3309 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.3309 of 2023 and CMP(MD)No.17079 of 2023
A.Rajalakshmi ... Petitioner / Defendant Vs S.Rani ... Respondent / Plaintiff
... Respondent / Plaintiff
Prayer : This Civil Revision Petition is filed under Section 115 of Civil Procedure Code to set aside the order passed in E.A.No.2 of 2023 in E.P.No.66 of 2022 in O.S.No.44 of 2020 on the file of the Subordinate Court, Periyakulam, dated 02.09.2023.
For Petitioner : Mr.B.Muneeswaran
For Respondent : Mr.S.Ayyanar Premkumar
ORDER
This Civil Revision Petition is filed to set aside the order passed in E.A.No.2 of 2023 in E.P.No.66 of 2022 in O.S.No.44 of 2020 on the file of the Subordinate Court, Periyakulam dated 02.09.2023.
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C.R.P(MD)No.3309 of 2023
by the respondent herein for recovery of Rs.7 Lakhs with interest and cost. The revision petitioner eventhough filed written statement failed to appear before the trial Court and ex parte order was passed. To set aside the ex parte order, he filed I.A.No.1 of 2021, that was allowed with a condition to pay the cost. After that he filed written statement. Again he failed to appear and the suit was decreed ex parte by a judgment and decree dated 03.08.2022. Again to set aside the ex parte decree, he filed I.A.Nos.2 and 3 of 2023. In the meantime, E.P.No.66 of 2022 was filed by the respondent to stay the execution proceedings. The revision petitioner filed E.A.No.2 of 2023. That came to be dismissed by order dated 02.09.2023. Against which this Civil Revision Petition is preferred.
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C.R.P(MD)No.3309 of 2023
Without prosecuting those matters, the execution petition in E.P.No.66 of 2022 filed by the revision petitioner to stay the execution petition itself is not maintainable and proper. I.A.No.4 of 2023 was filed by the revision petitioner seeking extension of time to comply the condition was dismissed on 01.08.2023.
21.11.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn
G.ILANGOVAN, J.
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C.R.P(MD)No.3309 of 2023
pnn
To
1.The Subordinate Court, Periyakulam.
ORDER IN C.R.P(MD)No.3309 of 2023 and CMP(MD)No.17079 of 2023
21.11.2024
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2 issues framed by the court
Whether the Civil Revision Petition filed to set aside a low court order dismissing an exclusion application during execution proceedings be allowed.
Whether execution proceedings can be stalled when no consequential petition is pending before the trial court.
A.Rajalakshmi
S.Rani
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
