R.Palaniyandi v. R.Palanisamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.2128 of 2017 and C.M.P.(MD).Nos.10562 and 11063 of 2017 1.R.Palaniyandi 2.R.Vellayapillai .. Petitioners/Respondents/ Defendants vs.
R.Palanisamy .. Respondent/Petitioner/Plaintiff PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the decreetal and executable order, dated 25.05.2017 in E.P.No.15 of 2014 in O.S.No.321 of 2011 on the file of the learned District Munsif, Uthamapalayam. For Petitioners : No appearance For Respondent : Mr.M.Karuppasamy Pandian
ORDER
None appears for the revision petitioner.
2. The learned counsel for the respondent points out that the decree holder is aged about 82 years. He filed O.S.No.321 of 2011 seeking payment of a sum of Rs.67,883/- with interest from the revision petitioners herein. The suit was decreed on 26.03.2013. The said decree was confirmed in A.S.No.19 of 2013, dated 29.10.2013. S.A.(MD).No.203 of 2015 was also dismissed on 16.06.2015. In the meanwhile, E.P.No.15 of 2014 was filed. The Court below has passed a detailed order after holding enquiry. The Court below has observed that the revision petitioners herein are having the means to satisfy the decretal debt and they are deliberately delaying the matter. Therefore, the Court below passed the impugned order ordering their arrest and detention in the civil prison. The order is a considered one and it does not warrant any interference.
3. Hence, this Civil Revision Petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are dismissed.
Sd/ Assistant Registrar (Crl Side) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar (CS-I)
To
1. The District Munsif, Uthamapalayam.
2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1cc to Mr.M.Karuppasamy, Advocate, SR.No. 81093 C.R.P.(MD)No.2128 of 2017 30.08.2018 pjl KK/RSK/SAR-1/12.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/