Madras High CourtCMP(MD)/11384/2016closed

A.Sathiyamoorthy v. Padhmanabhan @ Padhamanathan,

2016-11-30Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR CMP(MD) No.11384 of 2016 IN CRP(MD) No.1503 of 2016 A.SATHIYAMOORTHY ... PETITIONER/PETITIONER Vs PADHMANABHAN @ PADHAMANATHAN, ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order modifying the order dated 21.10.2016 made in CMP. (MD).No.7351/2016 in CRP.(MD).No.1503/2016.

Prayer in CRP(MD). 1503/ 2016 :

To set aside the fair and decreetal order dated 20.06.2016 made in EP.No.62/2012 in OS.No.26/2011 on the file of the Principal District Judge, Karur and allow the above Civil Revision Petition. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. N.KRISHNAVENI, Advocate for the petitioner and of Mr.M.P.Senthil, Advocate for the Respondent, the court made the following order:- According to the petitioner, the present application has been filed to modify the order dated 21.10.2016, made in C.M.P.(MD) No.7351 of 2016 in the above Revision.

2. The respondent has filed a counter affidavit against the present application before this Court. In paragraph No.6 of the counter affidavit, the respondent has stated that no intention to alienate the suit schedule property to third parties, after getting the sale deed executed by the Executing Court in favour of the respondent.

3. Pending disposal of the execution proceedings, the petitioner undertakes that the respondent would not alienate the suit properties till the disposal of the execution proceedings in E.P.No.62 of 2012 in O.S.No.26 of 2011, pending before the District Court, Karur. The learned counsel for the respondent also accept the said statement made by the respondent and to record the same to the present application.

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4. Therefore, recording the said statement, this petition is closed.

sd/- 30/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, KARUR +1. C.C. to M/S. N.KRISHNAVENI Advocate SR.No.74761 +1CC TO MR.M.P.SENTHIL, ADVOCATE SR.NO.74636 sm:RR:SAR 3:10/01/2017:2P/4C

ORDER

IN CMP(MD) No.11384 of 2016 IN CRP(MD) No.1503 of 2016 Date :30/11/2016 https://hcservices.ecourts.gov.in/hcservices/