G.Ganesan v. C.R.Jayamurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA and C.M.P.No.5048 of 2016 G.Ganesan ... Petitioner/Defendant Vs.

C.R.Jayamurugan ... Respondent/Plaintiff PRAYER: The Civil Revision Petition filed under Section 115 CPC against the impugned Order dated 06.07.2015 passed by the Sub Court Judge, Neyveli in E.P.No.1of 2015 in O.S.No.46 of 2012 on the file of the Sub Judge, Kallakurichi, challenging the Order of arrest.

For Petitioner : Mr.V.Alamelu For Respondent : Mr.B.Vijay

ORDER

(Heard through video conferencing) This Civil Revision Petition has been filed to set aside the Order dated 06.07.2015 passed by the Sub Court Judge, Neyveli in E.P.No.1of 2015 in O.S.No.46 of 2012 on the file of the Sub Judge, Kallakurichi, challenging the Order of arrest.

2. The defendant is the petitioner herein.

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3. The learned counsel for the decree holder submitted that in pursuance of the said Order of the Executing Court, the Judgement Debtor was arrested and he was released after making a part payment.

4. Since the parties have submitted that there is a possibility for settlement, a short accommodation was given to settle the issue. Now, it is submitted that the possibility for settlement would be more realistic if the matter is referred for mediation. The E.P. is said to be still pending before the Executing Court. If the parties intend to work out any settlement, they can very well make a request before the Executing Court to refer it to mediation and after settlement, can record full satisfaction. Since the Order dated 06.07.2015 which is now under challenge has worked out itself, nothing survives in this. Accordingly, the Civil Revision Petition is disposed of. No costs. Connected miscellaneous petition is closed.

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To 1.The Sub Court Judge, Neyveli.

2.The Sub Judge, Kallakurichi.

3.The Section Officer, V.R.Section, High Court, Madras.

R.N.MANJULA,J.

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