Madras High CourtCRP/3290/2016disposed of

R.Mohan v. The South Arcot Diocesen

2016-10-21Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No3290 of 2016 and CMP No.16769 of 2016 R. Mohan ... Petitioner vs The South Arcot Diocesen Corporation Rep by its Secretary Rev. Father L.A.Arulpushpam St. Agnes Seminary No.4, Beach Road, Cuddalore ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India seeking suitable directions in X Assistant City Civil Judge at Chennai to number EASR No.44345 of 2016 in E.P.No.5263 of 2014 dated 04.10.206.

For Petitioner :

Mr.T.T. Ravichandran

O R D E R

Challenging the Docket Order passed by the X Assistant Judge, City Civil Court, Chennai in EASR No.44345 of 2016 in E.P.No.5263 of 2014, the judgment debtor has filed the above Civil Revision Petition. 2.

When the Executing Court returned the application, filed by the Judgment Debtor, raising a query, with regard to the maintainability of the application, on 03.10.2016, the judgment debtor re-presented the papers, stating that oral submissions have to be made with regard to the maintainability of the application. Since no oral submission was made by the judgment debtor, once again, the Execution Court returned the papers on 04.10.2016, since the earlier returns were not complied with. Against this order, the judgment debtor has filed the above Civil Revision Petition. 3.

Since the petitioner/judgment debtor has not advanced any argument with regard to the maintainability of the application, I am of the view that the petitioner can be given an opportunity to make his submission with regard to the maintainability of the application. Accordingly, the petitioner is directed to make his submission with

regard to the maintainability of the application in EASR No.44345 of 2016 on or before 26.10.2016. The VII Assistant Judge, City Civil Court, Chennai is directed to consider the petitioner's application and decide the issue, with regard to the maintainability of the application. With these observations, the Civil Revision Petition is disposed of. No costs. Consequently, connected CMP is closed. 21-10-2016 sr Index:no website:yes Note: Issue Order copy Today To

1. The X Assistant Judge, City Civil Court, Chennai

2. The VII Assistant Judge, City Civil Court, Chennai

M. DURAISWAMY,J., sr CRP(NPD)No.3290 of 2016 21-10-2016