Civil Revision Petition dismissed. The Court held that since the Executing Court had already passed the final order of arrest, the matter is pending only for payment of arrest batta and rearrest; thus, no interim direction for early disposal is warranted, rendering the petition devoid of merits.
No orders fixed for disposal; Civil Revision Petition dismissed. No costs.
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C.R.P.(MD)No.510 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 26.02.2024
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.510 of 2024
Ramkumar
: Petitioner/Petitioner/
Plaintiff
Vs.
Vinsent
: Respondent/Respondent/ Defendant
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Sub Judge, Tirunelveli to dispose of the petition in E.P.No.112 of 2021 in O.S.No.376 of 2018 on the file of the Principal Sub Court, Tirunelveli within a time fixed by this Court.
For Petitioner : Mr.N.Pragalathan ORDER
The Civil Revision Petition has been filed seeking orders to dispose of
the petition in E.P.No.112 of 2021 in O.S.No.376 of 2018 on the file of the
Principal Sub Court, Tirunelveli.
C.R.P.(MD)No.510 of 2024
execution petition for executing the order dated 18.07.2019 and the same was taken on file in E.P.No.112 of 2021. The respondent has entered into appearance and since he has not filed the counter statement, he was set ex-parte; that subsequently after recording the evidence of judgment debtor, the Executing Court has passed an order of arrest, dated 22.09.2022 and that subsequently, the case was pending for payment of arrest batta and for rearrest. Since the Executing Court has passed the final order of arrest, the question of directing the Executing Court to dispose of the execution petition at an early date does not arise at all. Hence, the Civil Revision Petition is devoid of merits and the same is liable to be dismissed.
26.02.2024
NCC :yes/No Index :yes/No Internet:yes/No das
C.R.P.(MD)No.510 of 2024
To
C.R.P.(MD)No.510 of 2024
K.MURALI SHANKAR,J.
DAS
Order made in C.R.P.(MD)No.510 of 2024
Dated : 26.02.2024
2 issues framed by the court
Whether a civil revision petition seeking disposal of an execution petition can be allowed where the executing court has already passed an order of arrest.
Whether the issue of directing the Executing Court to dispose of the execution petition at an early date arises after the final order of arrest.
Ramkumar
Vinsent
K. Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
