← Library
Madras High CourtCRP/2909/2019dismissed

R.Prasanna Naryanan v. K.Raas

2023-01-02Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2023

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.Nos.18840 & 20520 of 2019 R.Prasanna Narayanan Rep. by its Power of Attorney M.Malarvizhi ... Petitioner in both CRPs Vs K.Raas ... Respondent in CRP No.2909/2019 R.Mini ... Respondent in CRP No.3131/2019 Prayer in CRP No. 2909 of 2019 :- Civil Revision Petition is filed under Section 115 of Code of Civil Procedure to set aside the fair and decreetal order in R.E.P.No.82 of 2018 in O.S.No.188 of 2014 passed by the learned Principal Sub Judge, Krishnagiri dated 15.07.2019 and allow the C.R.P. Prayer in CRP No. 3131 of 2019 :- Civil Revision Petition is filed under Section 115 of Code of Civil Procedure to set aside the fair and decreetal order in R.E.P.No.83 of 2018 in O.S.No.187 of 2014 passed by the learned Principal Sub Judge, Krishnagiri dated 13.08.2019 and allow the C.R.P. 1/5

In both CRPs For Petitioner : Mr.C.Samivel For Respondent : Mr.J.Hariharan for Mr.V.Nicholas COMMON ORDER CRP No.2909 of 2019 has been filed to set aside the fair and decreetal order dated 15.07.2019 passed in R.E.P.No.82 of 2018 in O.S.No.188 of 2014 on the file of the Principal Sub Judge, Krishnagiri, thereby allowing the petition ordering for sale of the subject property.

2. CRP No.3131 of 2019 has been filed to set aside the fair and decreetal order dated 13.08.2019 passed in R.E.P.No.83 of 2018 in O.S.No.187 of 2014 on the file of the Principal Sub Judge, Krishnagiri, thereby ordered for sale of the subject property by auction.

3. The petitioner in both Civil Revision Petitions suffered a decree for recovery of money. On the strength of the decree, the respondents filed execution petitions to execute the decree. It was allowed and ordered to sell the attached property.

2/5

4. The learned counsel for the petitioner in both Civil Revision Petitions submitted that settlement talks are going on between the parties. On the said submission, this Court adjourned the matter for three times for reporting settlement and on several times, the learned counsel for the petitioner reports that there is no settlement talks are going on between the parties.

5. On merits, this Court finds no infirmity or illegality in the order dated 15.07.2019 passed in R.E.P.No.82 of 2018 in O.S.No.188 of 2014 on the file of the Principal Sub Judge, Krishnagiri and the order dated 13.08.2019 passed in R.E.P.No.83 of 2018 in O.S.No.187 of 2014 on the file of the Principal Sub Judge, Krishnagiri. Since, already the decree for recovery of money was confirmed by this Court in S.A.No.351 of 2019, if at all any settlement between the parties, the petitioner can very well settle the amount before the Execution Court.

3/5

6. In the result, these Civil Revision Petitions are dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 02.01.2023 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Lpp To The Principal Subordinate Judge, Krishnagiri.

4/5

G.K.ILANTHIRAIYAN, J.

Lpp and C.M.P.Nos.18840 & 20520 of 2019 02.01.2023 5/5