Elumalai v. Sivagami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2021

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and CMP.No.8579 of 2018 Elumalai

...Petitioner

Vs Sivagami ..Respondent Prayer:- Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the petition and order dated 12.02.2018 made in O.E.P.No.94/2012 in OS.No.58 of 2002 on the file of District Munsif Court, Polur, Tiruvannamalai.

For Petitioner : Mr.Ramesh for Mr.M.Suresh 1/ 4

ORDER

This revision arises out of the order passed by the District Munisf, Polur, Tiruvannamali in E.P.No.94 of 2012 in O.S.No.58 of 2012, dated 12.02.2018, whereby the Executing Court confirmed the sale held on 11.12.2017.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. The petitioner is the husband of the respondent. The suit OS.No.58 of 2012 was filed by the respondent against the petitioner seeking maintenance at the rate of Rs.1,200/- per month. The suit was decreed on 21.02.2003. On the basis of the decree, the respondent herein filed Execution Petition to release the arrears of maintenance by sale of the properties of the petitioner. The properties were sold on 11.12.2017 and it was confirmed on 12.02.2018.

4. It appears that after the property was sold in a public auction, the petitioner has not filed any objection. Hence, the sale was confirmed on 12.02.2018. I find no illegality or irregularity in the order 2/ 4

impugned in this revision. Therefore, the Civil Revision Petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

18.08.2021 Index : Yes/No Internet : Yes/No Speaking Order : Yes/No pvs To

1. The District Munisf, Polur, Tiruvannamali

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

3/ 4

K.KALYANASUNDARAM .J.

pvs and CMP.No.8579 of 2018 18.08.2021 4/ 4