IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2017 CORAM:
THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP. (NPD) No.942 of 2017 and CMP No.4654 of 2017 1.Vajjiravelu alias Anthony 2.V.Joseph 3.V.Andrews 4.V.Savarimuthu Petitioners vs.
Jayakumar Respondent Civil Revision Petition filed under Article 227 of the Constitution of India as against the fair order and decreetal order passed on 20.02.2017 in I.A.No.34/2016 in A.S.No.26 of 2012 by the Subordinate Judge, Tambaram.
For petitioner Mr.A.Palaniappan For respondent Mr.J.Ram
ORDER
This civil revision petition has been filed against the fair order and decreetal order passed on 20.02.2017 in I.A.No.34/2016 in A.S.No.26 of 2012 by the Subordinate Judge, Tambaram.
The petitioner has filed the present civil revision petition against the order passed in I.A.No.34 of 2016 in the aforesaid appeal suit. According to the petitioner, the respondent herein has filed the suit in O.S.No.126 of 2014 and O.S.No.570 of 2005 before the Principal District Munsif, Alandur. The suit filed by the respondent herein has been decreed by the trial Court and the suit filed by the petitioner herein was dismissed, against the judgment and decree passed by the District Munsif Court, Alandur, the petitioner has filed an appeal in A.S.no.26 of 20012 before the Sub Court, Tambaram in the aforesaid appeal suit, the petitioner has filed I.A.No.34 of 2016 for stay of operation of the decree and judgment dated 25.11......passed in the aforesaid O.S.No.580 of 2005. the aforesaid I.A. was dismissed by the appellate Court and therefore, the petitioner has filed the present civil revision petition before this Court.
According to the petitioner, the respondent herein filed Execution Petition before District Munsif Court, Alandur and now it is posted for delivery of possession. Therefore, there is an urgency in getting interim stay of the Execution, otherwise the petitioner will be put to irreparable loss in the event of the appeal suit being allowed.
On the contrary, the learned counsel for the respondent would submit that the petitioner has filed the present application in the year 2016 whereas, the Appeal suit was filed in the year 2012. Therefore, there is no bona fide on the part of the petitioner at the stage of A.S. itself is taken up for argument and disposal. Hence, the Civil Revision Petition is liable to be dismissed.
Heard the learned counsel for the petitioner as well as the learned counsel for the respondent.
I.A. has been filed in I.A.No.34 of 2016 in the aforesaid appeal suit now pending before the Sub Court, Tambaram. As far as the appeal suit has been filed in the year 2012. The respondent herein filed the Execution Petition in E.P.No.35 of 2012 before the Principal District Munsif, Alandur and the delivery of possession has been ordered. Hence, he has filed the foresaid application to stay the operation of the judgment and decree passed by the District Munsif Court, Alandur.
D.KRISHNAKUMAR, J.
gms
14.03.2017
gms To The Subordinate Judge, Ponneri.
CRP. (NPD) No.942 of 2017 http://www.judis.nic.in