Shanmugavel v. Mokkaiyan

C.R.P(MD).No.407 of 2022 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P(MD).No.407 of 2022 and CMP(MD).No.1808 of 2022 Shanmugavel : Petitioner / defendant Vs.

Mokkaiyan : Respondent / Plaintiff PRAYER:- Civil Revision Petition filed under Section 115 of the C.P.C. to set aside the fair and decreetal order, dated 03.09.2021 made in E.P.No.10 of 2018 in O.S.No.18 of 2012 on the file of the Sub Court, Uthamapalayam.

For petitioner : Mr.K.Guhan For respondent : Mr.R.Suriyanarayanan

ORDER

The revision petitioner / respondent / defendant filed this revision to set aside the order, dated 03.09.2021 made in E.P.No.10 of 2018 in O.S.No.18 of 2012, on the file of the Sub Court, Uthamapalayam.

2.The suit is for for recovery of money and the same was decreed on 08.02.2013. The Execution Petition in E.P.No.10 of 2018 was filed by the respondent / plaintiff in the year 2018. Till now, the revision petitioner has not paid any amount. 3.Since the decree passed against the revision petitioner, he has to pay the decree amount to the respondent / plaintiff and the Executing Court cannot go beyond the decree. So, there is no merit in this revision petition. Hence, this Court is not inclined to interfere with the order passed by the Court below. 4.Accordingly, this Civil Revision Petition is dismissed by confirming the order, dated 03.09.2021 made in E.P.No.10 of 2018 in O.S.No.18 of 2012, on the file of the Sub Court, Uthamapalayam. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.407 of 2022 and To The Subordinate Judge, Uthamapalayam.

+1 CC to M/s.K.GUHAN, Advocate ( SR-15007[F] dated 29/03/2022 ) C.R.P(MD).No.407 of 2022 and CMP(MD).No.1808 of 2022 28.03.2022 RS (07.04.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2