C.R.P(NPD).No.2136 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2022

CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA

C.R.P.(NPD).No.2136 of 2022

and

C.M.P.No.11047 of 2022

J.Jegan Singh

... Petitioner

..Vs..

1.Rajeshwariammal

2.Vempannan

3.Lenin

Rajakumari (died)

Meena (died)

4.Shanthi

5.Thanga Anbalagan

6.Stalin Prakash

7.Sathishkumar

8.Purushothaman @ Mylathan

9.Santhanakrishnan

10.Datchayini

11.Yashodha

... Respondents

Prayer:- Civil Revision Petition is filed under Section 115 of CPC,

against the order passed in E.P.No.196 of 2013 in O.S.No.59 of 2006 on

the file of the Additional Sub Court, Tindivanam, dated 25.04.2022.

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C.R.P(NPD).No.2136 of 2022

For Petitioner : Mr.S.Anburaja

O R D E R

This Civil Revision Petition has been preferred challenging the

order of the learned Additional Sub Judge, Tindivanam, dated 25.04.2022

made in E.P.No.196 of 2013 in O.S.No.59 of 2006.

2.The revision petitioner is the third party who has filed the claim

application under Section 47 CPC and during the pendency of the

Execution Petition in E.P.No.196 of 2013, the petitioner has preferred

this revision petition.

3.The learned counsel for the petitioner contended that even when

the petition filed under Section 47 CPC is pending, the learned Executing

Judge has passed the impugned order in execution proceedings. The case

diary of the petition filed under Section 47 CPC by the revision petitioner

and pending in E.A.No.21 of 2021 would show that the learned

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C.R.P(NPD).No.2136 of 2022

Executing Judge has passed the following order in the said E.A on

25.04.2022. The orders passed in E.A.No.21 of 2021 is as below:

“For appearance of R7

R1-post returned as insufficient address

R8 to R13 addressee left without instruction

Counter of R2, R6 Court process awaid.”

4.It seems that the revision petitioner expects the Court to tie its

hands and should not pass any orders like issuance of notice, for payment

of Batta etc in the execution petition, just because he has filed a petition

under Section 47 CPC. Had the petitioner come to the Court to get an

order for speedy disposal of his petition filed under Section 47 CPC, his

intention can be understandable. He has not chosen to file any petition to

stay the execution proceedings also. Simply, he had challenged the

routine docket orders passed by the learned Additional Sub Judge,

Tindivanam, dated 25.04.2022. If the revision petitioner is concerned

about the pendency of Section 47 Petition, it is up to him to complete the

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C.R.P(NPD).No.2136 of 2022

service of notice to the parties early and make the petition ready for

enquiry. Since the Executing Judge has not passed any illegal order, it

does not warrant any interference. In fact this petition itself appears to be

an abuse of process of the Court.

5.In view of the above stated reasons, the Civil Revision Petition is

dismissed and the order of the learned Additional Sub Judge,

Tindivanam, dated 25.04.2022 made in E.P.No.196 of 2013 in O.S.No.59

of 2006, is hereby confirmed. No costs. Consequently, connected

Miscellaneous Petition is closed.

13.07.2022

vkr

Index:Yes No

Speaking Order:Yes/No

To

1.The II Additional District Judge,

Tiruvallur @ Poonamallee.

2.The Section Officer,

VR Section, Madras High Court,

Chennai.

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C.R.P(NPD).No.2136 of 2022

R.N.MANJULA,J.

Vkr

C.R.P.(NPD).No.2136 of 2022

and

C.M.P.No.11047 of 2022

13.07.2022

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