Disposed¶35

Free India Plastic Corporation v. Anas Nasir

Madras HC10 Jan 2025CRP/89/2025

Case brief

AI extract

What is this about?

Civil Revision Petition (S.115 CPC) against execution order dated 16.12.2024 in E.P.No.28/2024 in R.C.O.P.No.217 of 2018, Principal District Munsif, Coimbatore; appeal R.C.A.No.36 of 2023 pending before Principal Sub Court, Coimbatore; interim stay application directed to be decided within one month; warrant for delivery withheld till then; Madras High Court; N. Sathish Kumar, J.; dated 10.01.2025; CRP closed, no costs; connected CMP closed.

What did the court decide?

Civil Revision Petition closed/disposed of with directions: (i) Principal Sub Court, Coimbatore to dispose of the interim stay application in R.C.A.No.36 of 2023 within one month of receipt of a copy of this order; (ii) the Executing Court shall not issue any warrant for delivery until then. No costs; connected Miscellaneous Petition closed. ¶35

Free India Plastic Corporation Vs Anas Nasir — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 16.12.2024 made in E.P.No.28/2024 in R.C.O.P.No.217 of 2018 (Principal District Munsif, Coimbatore), allowing the Execution Petition, should be set aside under Section 115 CPC, and what interim protection should operate pending disposal of the interim stay application in R.C.A.No.36 of 2023.

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Court's answer

The Principal Sub Court, Coimbatore is directed to dispose of the application filed for interim stay in R.C.A.No.36 of 2023 within a month from the date of receipt of a copy of this order.

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Ratio / Principle

Until the interim stay application in R.C.A.No.36 of 2023 is disposed of, the Executing Court shall not issue any warrant for delivery.

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Key takeaways

Notice to the respondents was dispensed with, as no adverse order was being passed against them.obiter¶26
With the above direction, the Civil Revision Petition stands closed/disposed of with no costs, and the connected Miscellaneous Petition (C.M.P.No.783 of 2025) is closed.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (N. Sathish Kumar, J.), disposing of C.R.P.(NPD) No.89 of 2025 under Section 115 CPC, declined to decide merits. The revision challenged the order dated 16.12.2024 in E.P.No.28/2024 in R.C.O.P.No.217 of 2018 (Principal District Munsif, Coimbatore) allowing the Execution Petition of the decree holders. Noting that the judgment debtor's appeal R.C.A.No.36 of 2023 against the R.C.O.P. order was pending before the Principal Sub Court, Coimbatore, with the interim stay application undecided, the Court (i) directed the Principal Sub Court, Coimbatore to dispose of the interim stay application within a month of receipt of a copy of the order, and (ii) restrained the Executing Court from issuing any warrant for delivery till such time. Notice to respondents dispensed with; Civil Revision Petition closed/disposed of with no costs; connected C.M.P.No.783 of 2025 closed.

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C.R.P.(NPD) No.89 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.01.2025

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CORAM

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THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

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C.R.P.(NPD) No.89 of 2025 and C.M.P.No.783 of 2025

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M/s.Free India Plastic Corporation, Rep. by its Managing Partner Mr.Kunhi Mohammed S/o.Pocker Haji Having Office at Opposite to Town Hall, No.1203, Big Bazaar Street, Coimbatore ... Petitioner/Respondent/Judgment Debtor

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-vs-

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Mr.Anas Nasir

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Mr.T.K.Abdul Nasir

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Mr.U.K.Yousuf

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Mr.Mohammed Zouban Shalin

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Mr.Shameen

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Mr.Mohamed Shamil

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Mr.Shamsudden

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Mr.Nameer Nasir

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Mr.Rishdin Nasir ... Respondents/Petitioners/Decree Holders Prayer : Civil Revision Petition filed under Section 115 of CPC to set aside the order dated 16.12.2024 made in E.P.No.28/2024 in R.C.O.P.No.217 of 2018 on the file of Principal District Munsif, Coimbatore.

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For Petitioner : Mr.R.Thirumoorthy

O R D E R

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

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C.R.P.(NPD) No.89 of 2025

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A challenge has been made to the impugned order dated

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16.12.2024 of the Trial Court, allowing the Execution Petition filed by the

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Decree Holders.

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Notice to the respondents is dispensed with, as no adverse order is going to be passed against them.

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Learned counsel for the revision petitioner submitted that

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against the order passed in R.C.O.P.No.217 of 2018, an appeal in R.C.A.No.36 of 2023 has been preferred before the Principal Sub Court, Coimbatore, by the revision petitioner and the respondents / landlords also appeared before the said Court. He further submitted that no stay has been granted and the interim application is posted for orders.

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In such view of the matter, the Principal Sub Court, Coimbatore is directed to dispose of the application filed for interim stay within a month from the date of receipt of a copy of this order. Till such time, the Executing Court shall not issue any warrant for delivery.

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With the above direction, this Civil Revision Petition is

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

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C.R.P.(NPD) No.89 of 2025

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closed.

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disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.