The decree in respect of several door numbers - they can be executed against any person - the temple has rightly filed two execution petitions. - execution to be applied simultaneously. - Application under section 47 can't be put to trial if they are frivolous.
Citation
2018 (6) CTC 709==CDJ 2018 MHC 5376== 2018 (5) LW 483 == 2018 (7) MLJ 794 ==
Madras High Court
Ondimuthu @ N.O.Muthu vs Arulmigu Meenakshi ... on 19 September, 2018
Citation
ReplyDeleteCDJ 2018 MHC 5376
Head Note
Civil Procedure Code – Section 24, Section 115, Order 21 Rule 97 – Constitution of India – Article 227 – Delivery of possession – Execution Court dismissed application filed by Petitioner for setting ex-parte order by holding that application lacks bonafides and Petitioner had not come to Court with clean hands –
Court held – It found that all applications filed in every stage by Petitioner being judgment debtor himself and third parties are nothing but only to stall execution proceedings – While disposing petition, High Court fixed specific time limit to dispose of execution petition and also directed Execution Court to pass only consequential order i.e delivery only – Even after decree holder could not take delivery of possession – Many directions have been issued by Court to complete execution proceedings – In this execution petition, petition is mere pending for ordering delivery – It has been successfully thwarted – Considering nature of lis involved in execution petition, it direct judgment-debtors in both execution petitions to quit and deliver possession to decree-holder – Revision Petitions dismissed - Transfer Petition disposed of.
(Paras 19, 22, 23, 25)
Cases Referred:
Neerja Realtors Private Limited Vs Janglu (dead) through L.R, reported in 2018 (1) CTC 662
Sangram Singh Vs. Election Tribunal Kotah and another reported in AIR 1955 SC 425
A.A.Gopala Krishnan Vs Cochin Devaswom Board and Others reported in (2007) 7 SCC 482
Comparative Citations:
2018 (5) LW 483, 2018 (7) MLJ 794,