It is not mandatory on the part of the Executing Court to pass orders without issuing notice, if the execution petition is laid within two years from the date of judgment and decree.

C.R.P.(MD)No.3168 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

C.R.P.(MD)No.3168 of 2023

T.B.Srinivasan

... Petitioner/

Petitioner/

Decree holder

Vs.

T.Muruganandam

... Respondent/

Respondent/

Judgment Debtor

Prayer : This Civil Revision Petition filed under Section 115 C.P.C., to set

aside the order dated 21.03.2023 ordering notice to respondent in E.P.No.

38 of 2023 in O.S.No.445 of 2015 on the file of the Court of the First

Additional District Munsif/Executing Court, Tiruchirappalli and allow the

civil revision petition.

For Petitioner

: Mr.S.C.Herold Singh

ORDER

The Civil Revision Petition has been filed challenging the order of

the Executing Court in ordering notice to the respondent/judgment debtor.

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C.R.P.(MD)No.3168 of 2023

2. The learned counsel appearing for the revision petitioner/decree

holder would submit that the revision petitioner/decree holder has filed a

suit in O.S.No.445 of 2015 for recovery of possession and the suit was

decreed on 17.11.2022, that the revision petitioner/decree holder has then

laid an execution petition in E.P.No.38 of 2023 and that since the

execution petition was laid within two years from the date of judgment

and decree, the trial Court as per Order 21 Rule 22 C.P.C. should have

passed an order for delivery but instead the Executing Court has ordered

for issuance of notice.

3. At the outset, it is pertinent to note that it is not mandatory on the

part of the Executing Court to pass orders without issuing notice, if the

execution petition is laid within two years from the date of judgment and

decree. More importantly, in the present case, the respondent/judgment

debtor has remained ex parte and the trial Court has passed the ex parte

judgment and decree on 17.11.2022.

4. Considering the above, the Executing Court has rightly decided to

issue notice to the respondent/judgment debtor before ordering the relief

claimed in the execution petition.

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C.R.P.(MD)No.3168 of 2023

5. Since there is no legal mandate for passing orders directly, the

impugned order directing issuance of notice cannot be found fault with.

Hence, this Court concludes that the revision is absolutely devoid of merit

and the same is liable to be dismissed.

6. In the result, this Civil Revision Petition is dismissed. No costs.

06.12.2023

NCC :yes/No

Index :yes/No

Internet:yes/No

csm

To

1. The First Additional District Munsif/Executing Court,

Tiruchirappalli.

2.The Section Officer,

VR Section,

Madurai Bench of Madras High Court,

Madurai.

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C.R.P.(MD)No.3168 of 2023

K.MURALI SHANKAR

,J.

csm

Order made in

C.R.P.(MD)No.3168 of 2023

Dated : 06.12.2023

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