K. Sugumar v. Jayapriya Chit Funds Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2240 of 2023 & CMP No. 13605 of 2023 1.K.Sugumar 2.N.Shanthi 3.K.Srinivasan 4.M.Murali 5.V.kandeepan

...Petitioners

Vs.

Jayapriya Chit Funds (P) Ltd, Kallakurichi & District.

....Respondent PRAYER : This petition filed under Article 227 of the Constitution of India, to set aside the impugned order dated 21.04.2023 made in E.P No. 172 of 2019 in A.R.O.P No.s 22 of 2018 on the file of the III Additional District Judge, Kallkurichi.

For Petitioners : Mr.V.Gunasekar For Respondent : Mr. Rajesh Babu

ORDER

This petition has been filed to set aside the impugned order dated 21.04.2023 made in E.P No. 172 of 2019 in A.R.O.P No.s 22 of 2018 on the file of the III Additional District Judge, Kallkurichi.

2. The learned counsel for the petitioners submit that the despite order of stay granted by this Court, the Court below attached the salary of the petitioner and also stating that name of the Court in the order is different.

3. Considering the above, this Court has stayed the proceedings in AROP No. 22 of 2018 on 06.11.2023, till 12.12.2023. However, the salary of the petitioner was attached by the Court below. Hence, the order passed by the III Additional District Judge, Kallkurichi, in E.P No. 172 of 2019 in AROP No. 22 of 2018 is set aside. Further, the Trial Court is directed to reopen the execution proceedings and dispose of the same after giving necessary opportunity to the parties.

4. In the result, this Civil Revision is disposed of. No cost. Consequentially, connected miscellaneous petition is closed. 15.12.2023 pbl Note: Issue order copy on 19.12.2023.

T.V.THAMILSELVI,J.

Pbl To

1. The III Additional District Judge, Kallkurichi.. CRP No. 2240 of 2023 & CMP No. 13605 of 2023 15.12.2023