Rajambal v. Asothai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Rajambal ... Petitioner Vs.

1.Asothai 2.Senior Bailiff District Munsif Court Thittagudi.

... Respondents PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue direction directing the trial Court/ Principal District Munsif, Thittagudi to take the E.A.Sr.No.1138 of 2022 in E.P.No.561 of 2018 in O.S.No.115 of 2017 on its file and consequently numbering the EA. For Petitioner : Mr.D.Ashokkumar **********

O R D E R

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This Civil Revision Petition has been filed seeking a direction to take E.A.Sr.No.1138 of 2022 in E.P.No.56 of 2018 in O.S.No.115 of 2017 on file.

2. The revision petitioner is the judgment debtor in the execution proceedings. The petition in E.A.Sr.No.1138 of 2022 has been preferred for getting back the movable properties recovered in the suit property. After filing the petition it has been returned for certain reasons and thereafter the petition has been re-presented. The grievance of the petitioner is that despite the return defects were complied, it was not taken on file.

3. The learned counsel for the revision petitioner ought to have made a mention before the concerned Court itself and make submission about the due compliance of the return defects. In fact even while re-presenting the petition it is possible to make a request to the Court to call it in the open Court for enabling the learned counsel for the revision petitioner to make his representation in connection with the compliance and argue on its validity.

4. In these circumstances I find no reason for giving any direction in this Civil Revision Petition. Accordingly, this Civil Revision petition is dismissed. 2/4

No costs.

15.06.2022 Index: Yes/No Speaking / Non Speaking Order dsa To The Principal District Munsif, Thittagudi.

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R.N.MANJULA, J dsa 15.06.2022 4/4