Viyagulamuthu v. Palliyadi Retna Chit Funds (P)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.07.2018 CORAM :
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD) No.644 of 2018 and C.M.P.(MD) No.2801 of 2018 Viyagulamuthu ... Petitioner / Petitioner / Decree holder Vs.
1.Palliyadi Retna Chit Funds (P) Ltd., No.18-26604/1994, represented by its Managing Director, V.S.Rethina Kumari, Palliyadi and Post, Kalkulam Taluk, Kanyakumari District.
2.V.S.Rethina Kumari 3.K.Begar Shamlin 4.K.Ascer Shascone 5.Heldan Gold Rimlet 6.Knickter Granklinkani (minor) 7.K.Janeshka Sibraldy (minor) (Respondents 6 & 7 Minors Rep. By their mother 2nd Respondents) ` ... Respondents / Respondents / Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 17.02.2018, passed in E.P.No.9 of 2012 in A.R.C.No.19 of 2011 on the file of the District Judge, Kanyakumari District at Nagercoil. For Petitioner : Mr.R.Nandakumar For Respondents : No appearance
O R D E R
This civil revision petition has been filed to set aside the order dated 17.02.2018, passed in E.P.No.9 of 2012 in A.R.C.No.19 of
2011 on the file of the District Judge, Kanyakumari District at Nagercoil.
2.The petitioner who is the decree holder in A.R.C.No.19 of 2011, has filed E.P.No.9 of 2012 before the learned District Judge, Kanyakumari District at Nagercoil, under Order 21 Rule 66 CPC, to sell the petition schedule immovable properties in Court auction sale.
3.Considering his case, the learned District Judge, Kanyakumari District at Nagercoil, has passed the following order: "This Execution Petition is filed to execute the award. This property was already attached. Respondent has stated that the properties were attached by the Government. As per judgment 1999 (1) CTC 364 (Kamalamma vs. T.Murugan) this execution petition is to be transferred to the Special Court. Call on 20.03.2018."
4.It is the case of the petitioner that originally he moved before the Deputy Registrar by filing A.R.C.No.19 of 2011 and the property was already attached by the Court namely, District Court, Kanyakumari at Nagercoil, which is enclosed in page Nos.4 to 8 of the typed set of papers. Therefore, the attachment made by the Deputy Registrar is the first attachment and the attachment made by the Special Court is the second attachment. Therefore, the Executing Court ought to have proceeded as per the attachment made by the Deputy Registrar. Now, it is reported that as per the order of the Special Court, the very same property was attached for the second time. Therefore, the petitioner ought to have impleaded the persons, who are all complainant before the Special Court. 5.In the above circumstances, I am inclined to pass the following direction:
This civil revision petition is allowed and the order passed in E.P.No.9 of 2012 in A.R.C.No.19 of 2011 on the file of the District Judge, Kanyakumari District at Nagercoil, dated 17.02.2018, is set aside and the matter is remitted back to the Executing Court, for fresh consideration by impleading the necessary parties in the execution petition and dispose of the same within a period of twelve weeks from the date of receipt of a copy of this order.
No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar(CS-IV) To 1)The District Judge, Kanyakumari District at Nagercoil.
2)The Deputy Registrar of Chits, Kanyakumari @ Nagercoil.
+1 CC to Mr.R.NANDAKUMAR, Advocate in SR.No.73349 Copy to:- The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) MM RJ/PN/SAR-4/25/07/2018 - 3P/6C C.R.P.(PD)(MD) No.644 of 2018 AND C.M.P.(MD).No.2801 of 2018 16.07.2018