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Madras High CourtCRP(MD)/1825/2021dismissed

Meenakshi v. The Manager

2022-04-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRP(MD)No.1825 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No. 1825 of 2021 and CMP(MD).No.9790 of 2021 Meenakshi

...Petitioner/Petitioner/3rd Party/3rd Party

Vs.

1.The Manager, M/s. Sakthi Finance Co., Ltd., Post Box No.3745, 62, Dr. Nanjappa Road, Coimbatore Town.

..Respondent/Respondent/Petitioner/Petitioner 2.K. Muthaiyah 3.Sigappi 4.Muthupandi .. Respondents/Respondents/Respondents/ Respondents Prayer: This Civil Revision Petition filed under Section 115 of CPC against the fair and decreetal order dated 05.08.2021 made in E.A.No.98 of 2021 in E.P.No.48 of 2020 in Arbitration Case No.78 of 2016 on the file of the Principal District Court, Ramanathapuram. For Petitioner : Mr. D. Senthil For R1 : Mr. R. Sundar Srinivasan For R2 to R4 : No appearance

ORDER

The Revision Petitioner / 3rd party filed this revision to set aside the order, dated 05.08.2021 made in E.A.No.98 of 2021 in E.P.No.48 of 2020 in Arbitration Case No.78 of 2016 on the file of the Principal District Court, Ramanathapuram.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The revision petitioner / 3rd party filed the said E.A.No.98 of 2021 claiming the property in Door No.2/33, which has no way connected with the E.P property. The respondent / plaintiff has filed the said E.P.No. 48 of 2020 to attach the moveable property in Door Nos.4/346 and 4/36. The revision petitioner is no way connected with the said Door Numbers and she is concerned with only Door No.2/33 and hence, there is no merit in the said claim application. Further, the said Claim petition filed by the petitioner is a vexatious one without giving Door Number of her property and that the property to be attached is only with regard to the Door Nos.4/346 and 4/36. Hence, this Court is inclined to dismiss this Revision with exemplary cost of Rs.5,000/-. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD)No.1825 of 2021

4. Accordingly, this Civil Revision Petition is dismissed by confirming the order, dated 05.08.2021 made in E.A.No.98 of 2021 in E.P.No.48 of 2020 in Arbitration Case No.78 of 2016 on the file of the Principal District Court, Ramanathapuram. The petitioner is directed to pay a cost of Rs.5,000/- (Rupees Five Thousand only) to the respondent within a period of two weeks from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) trp To The Principal District Judge, Ramanathapuram.

+1 CC to M/s.D. SENTHIL, Advocate ( SR-19204[F] dated 19/04/2022 ) +1 CC to M/s.R. SUNDAR SRINIVASAN, Advocate ( SR-19098[F] dated 18/04/2022 ) CRP(MD).Nos. 1825 of 2021 and CMP(MD).No.9790 of 2021 18.04.2022 se(CO) GC(27.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2