Madras High CourtCRP(MD)/1759/2015disposed of

Kasthuri v. Suyambulingam

2015-08-26Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 26.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.DEVADASS C.R.P(MD)No.1759 of 2015 and M.P(MD)No.1 of 2015 Kasthuri .. Petitioner/Petitioner/3rd Respondent/3rd Defendant -vsSuyambulingam .. Respondent/Respondent/Petitioner/Plaintiff PRAYER: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, 1908 to direct the learened Principal District Judge, Kanyakumari to take on file the unnumbered CMA.SR.No.200700006012015 against E.A.No.161 of 2014 in E.P.No.5 of 2011 in O.S.No.103 of 2006 on the file of I-Additional Subordinate Judge, Nagercoil. For Petitioner : Mr.RM.Arun Swaminathan

ORDER

As only a short point is involved, we shall dispose of the Civil Revision Petition today at the admission stage itself.

2. The revision petitioner is a Judgment-Debtor in execution of a money decree. The Decree-Holder through E.A.No.161 of 2014 in E.P.No.5 of 2011 in O.S.No.103 of 2006 sought to bring the Judgment Debtor's property for sale. It was strongly opposed by the Judgment-Debtor. Ultimately, Judgment-Debtor lost and the Decree-Holder won. The E.P stand allowed.

3. The next consequence is, the Judgment Debtor moved the Appellate Court, namely, I Additional Sub Court, Nagercoil, preferring a Civil Miscellaneous Appeal as against the said original order.

4. Now, the grievance of the learned counsel for the revision petitioner is that still the Civil Miscellaneous Appeal remain unnumbered and untenable returns have been made.

5. On perusal of the endorsements, it is seen that it has to be scanned by a legal eye, but it seems that, that avenue so far has not been availed of. Let the petitioner avail it. (*) 6. In the circumstances, the revision petitioner/JudgmentDebtor will represent the un-numbered C.M.A.SR.No.20070000601 of 2015 on or before 15.02.2016 before the learned Principal District Judge, Kanniyakumari @ Nagercoil. On such representation, the said Judge will hear the judgment debtor and pass the orders." https://hcservices.ecourts.gov.in/hcservices/

7. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

8. The Registrar (Judicial) is directed to return the original unnumbered C.M.A.S.R.No.20070000601 of 2015, to the learned counsel for the revision petitioner.

Sd/- The Assistant Registrar(T&P) (*)Modified as per order dated 12.01.2016 in MP(MD)No.2 of 2015 in CRP(MD)No.1759 of 2015 by TMJ Sd/- Assistant Registrar (W) /True copy/ Sub-Assistant Registrar To to be substituted for the order already dispatched on 07.09.2015 (*)1.The Principal District Judge, Kanniyakumari @ Nagercoil. 2.The I-Additional Subordinate Judge, Nagercoil. Copy to:

The Registrar(Judicial), Madurai Bench of Madras High court, Madurai +1cc to C.Aurn @ Arunachalam, Advocate SR.No.2060 sm:JGB:03.09.2015:2P/4C RG.AAL-MPA/SAR-II 19.01.2016 2P.5C C.R.P(MD)No.1759 of 2015 and M.P(MD)No.1 of 2015 26.08.2015 https://hcservices.ecourts.gov.in/hcservices/