HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, J
P.Mohanraj – Appellant
Versus
S.Geetha – Respondent
| Table of Content |
|---|
| 1. civil revision petition filed to challenge the order in execution proceedings. (Para 1 , 2) |
| 2. scope of section 47 cpc discussed concerning executability of decrees. (Para 3 , 4) |
| 3. court upholds the lower court's ruling, dismissing the revision petition. (Para 5 , 6) |
ORDER
The Civil Revision Petition on hand has been instituted to assail the order dated 16.12.2024 passed in E.A.No.4 of 2024 in E.P.No.595 of 2021 in RCOP.No.797 of 2015 on the file of the XV Court of Small Causes at Chennai.
2. The petitioner is the tenant/judgment debtor in the execution petition. The Civil Revision Petition filed by the petitioner in CRP.No.1183 of 2024 was dismissed for default. The decree holder filed execution petition, which was ordered. The petitioner/judgment debtor filed E.A.No.4 of 2024 under Section 47 CPC. The Rent Control Court adjudicated the issues elaborately and considered whether the petition filed under Section 47 CPC is to be allowed or not.
3. The scope of Section 47 CPC has been considered by the Rent Control Court elaborately, relying on the judgment of the Hon'ble Supreme Court. It is not in dispute that the petitioner is a judgment debtor and the decree against
Dhurandhar Prasad Singh Vs. Jai Prakash University and Others
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