The India Cements Ltd v. M.Arivanandam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD](MD)No.345 of 2022 and C.M.P.(MD).Nos.1492 & 1494 of 2022 The India Cements Limited, Represented by its Senior Executive President, Mr.T.S.Raghupathy

...Petitioner

Vs.

M.Arivanandam

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and excreetal order dated 22.10.2010 passed in E.P.No.46 of 2006 by the learned Principal District Judge, Madurai and the consequential order dated 22.09.2021 passed in E.A.No.9 of 2014 in E.P.No.46 of 2006.

For Petitioner : Mr.M.Aravind Subramaniam For Respondent : No Appearance 1/4

ORDER

This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 22.10.2010 passed in E.P.No.46 of 2006 by the learned Principal District Judge, Madurai, and the consequential order dated 22.09.2021 passed in E.A.No.9 of 2014 in the same Execution Petition.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the decree holder. The petitioner filed a petition in E.P.No.46 of 2006 before the learned Principal District Judge, Madurai, seeking attachment of the judgment debtor's properties. However, by order dated 22.10.2010, the trial Court ordered attachment only in respect of items 1 to 3 and declined to attach the remaining properties. Aggrieved by the same, the petitioner filed E.A.No.9 of 2014 under Section 151 of the Civil Procedure Code, seeking permission to bring the remaining properties to sale in case the attached properties were insufficient to satisfy the decreetal amount. However, the said application was dismissed on 22.09.2021. Challenging the same, the present Civil Revision Petition has been filed.

3. The learned counsel for the petitioner further submits that this Court may grant liberty to the petitioner to proceed with respect three properties that were already attached in E.P.No.46 of 2006 and also to take further steps in 2/4

accordance with law if the value of the attached properties is insufficient to satisfy the decree.

4. In view of the above submissions and the facts of the case, this Civil Revision Petition stands dismissed. However, liberty is granted to the petitioner to proceed with the execution of the decree in respect of three properties already attached in E.P.No.46 of 2006. If the value of the attached properties is found insufficient to satisfy the decree, it is open to the petitioner to take appropriate steps to bring other properties of the judgment debtor to sale, in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed.

23.07.2025 Internet:Yes/No Index:Yes/No TSGTo 1.The Principal District Judge, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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