K.Cowndamani vs. Sri Abhirami Foundations

E.P.No.13 of 2021 and A.Nos.4644 & 4646 of 2021

P.VELMURUGAN, J.

It is seen that vide earlier order of this Court dated 06.07.2023, the matter was directed to be posted after the stay in Original Side Appeal is vacated.

2 Learned counsel for the execution petitioner/decree holder would submit that subsequently the Original Side application was dismissed on 14.03.2024, against which, the judgment debtor filed SLP before the Hon'ble Supreme Court, which was also dismissed on 14.05.2024. Thereafter the matter is listed only today for hearing.

3 Learned counsel for the judgment debtor would submit that as against the order in the SLP, a review has been filed before the Hon'ble Supreme Court and the same is yet to be taken of file.

4 However, the learned counsel for the decree holder submitted that so far they have not received any notice and they are not aware of the same.

A.No.485 of 2024 in C.S.No.654 of 2005

5 It is seen that the matter went up to the Hon'ble Supreme Corut and the judgment debtor could not get any order in their favour and they submitted that they have filed review before the Hon'ble Supreme Court.

6 In view of the fact that the judgment debtor lost their case before the Hon'ble Supreme Court and since the suit is of the year 2011 and this Court passed the judgment and decree on 26.11.2019 and even though the judgment debtor stated that they have filed review before the Hon'ble Supreme Court, neither they produced any order of stay passed by the Hon'ble Supreme Court nor they have produced the particulars of the review and hence as on day there is no impediment to proceed the execution petition further. Therefore this Court is inclined to proceed the execution proceedings further. But however, it is seen that counter is yet to be filed and hence in order to give an opportunity to the judgment debtor to file their counter, the matter is adjourned to 26.07.2024. Learned counsel for the judgment debtor is directed to file their counter in the execution petition on or before 25.07.2024.

List the Execution Petition on 26.07.2024.

01.07.2024

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2/3 https://www.mhc.tn.gov.in/judis

A.No.485 of 2024 in C.S.No.654 of 2005

P.VELMURUGAN, J.

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E.P.No.13 of 2021 and A.Nos.4644 & 4646 of 2021

01.07.2024