Madras High CourtCRP/4041/2022dismissed

D.Jaya Venkata Prasad v. M/S. Shriram City Union Finance Limited

2023-01-04Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and CMP.No.20970 of 2022 Mr.D.Jaya Venkata Prasad ... Petitioner / Judgement Debtor Vs.

1.Ms.Shriram City Union Finance Limited, Represented by its Authorized Signatory, No.123, Angappa Naicken Street, Chennai-600 001.

.. Respondent/Decree Holder 2.Mr.L.Ramesh 3.Mr.R.S.Asokan ... Respondents/Judgement Debtors Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Decree and Order dated 27.09.2022 passed in EA.No.1 of 2019 in E.P.No.2924 of 2017 in ACP.No.107 of 2014, on the file of XXVIII Assistant City Civil Court, Chennai.

For Petitioner : Mr.S.Udhaya Kumar

ORDER

This Civil Revision Petition has been filed to set aside the decree and order dated 27.09.2022 passed in E.A.No.1 of 2019 in E.P.No.2924 of 2017 in ACP.No.107 of 2014, on the file of the XXVIII Assistant City Civil Court, Chennai.

2. The petitioner is the judgment debtor in the execution petition and the decree holder has filed the execution petition in E.P.No.2924 of 2017 to execute the award passed in ACP.No.107 of 2014. It is not in dispute that the execution petition was allowed by the Court concerned and the petitioner also paid part amount as per the decree and the Trial Court rejected the application filed under Section 151 CPC to produce the statement of the petitioner, who is the judgment debtor.

3. This being the factum established, this Court do not find any infirmity in the order passed by the Execution Court.

4. Accordingly, the Civil Revision Petition stands dismissed. No

costs. Consequently, connected miscellaneous petition is also dismissed.

04.01.2023 Index :Yes/No Speaking Order :Yes/No Jvm Copy to:

XXVIII Assistant City Civil Court, Chennai.

S.M.SUBRAMANIAM, J.

Jvm

04.01.2023