← Library
Madras High CourtCRP(MD)/2071/2018allowed

Sakkampatti M.H 21 Annai v. V.Lakshmanan,

2018-09-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(NPD)(MD).No.2071 of 2018 and C.M.P.(MD)No.9165 of 2018 Sakkampatti M.H.21 Annai Baghavathi Weaver's Co-operative Production and Sales Society Ltd., represented by its Official Liquidator, Aundipatti, Theni District, Office at D.No.187, North veli street, Madurai.

...Petitioner/Respondent/

Respondent/Defendant Vs.

1.V.Lakshmanan Velusamy(died)

...Respondents/Petitioners/

Petitioners/Plaintiffs PRAYER : Petition filed under Section 115 of Civil Procedure Code, to set aside the order dated 27.02.2018 in E.A.No.103 of 2016 in E.P.No.172 of 2008 on the file of the Sub-Court, Theni in O.S.No.59 of 2006 on the file of the Sub-Court, Aruppukottai. For petitioner : Mr.G.Murugan For respondents: Mr.V.Perumal

ORDER

The revision petitioner is the defendant in O.S.No.59 of 2006 on the file of the learned Sub Judge, Aruppukottai. The revision petitioner suffered a decree. The decree is for payment of money. Since, the decree was not complied with, E.P.No.172 of 2008 was filed. In the said E.P., E.A.No.103 of 2016 was filed by the plaintiff. Questioning the order made in the said E.A., this Civil Revision Petition has been filed by the defendant / judgment debtor.

2.The liability of the revision petitioner to satisfy the decree cannot be in dispute. However, the revision petitioner being a cooperative society, this Court is of the view that some indulgence can be shown.

https://hcservices.ecourts.gov.in/hcservices/ 3.Therefore, the order impugned in the Civil Revision Petition will be kept in abeyance for a period of four weeks from

the date of receipt of a copy of this order. If during this period, the parties arrive at some settlement or if the revision petitioner satisfied the decreetal liability, the order made in the E.A., will be set aside and this Civil Revision Petition will be allowed and the E.P., also will be terminated. Even if within the four weeks period, the revision petitioner is unable to clear the decreetal liability, this Civil Revision Petition will stand automatically dismissed and the order passed now will be recalled. 4.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Subordinate Judge, Theni.

2.The subordinate Judge, Aruppukottai.

+ 1 CC TO MR.R.SARAVANAN, ADVOCATE IN SR NO.86420 pnn BU/PM/SAR-III:02.11.2018 : 2P/4C ORDER MADE IN C.R.P.(NPD)(MD).No.2071 of 2018 and C.M.P.(MD)No.9165 of 2018 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/