1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION(NPD)(MD)No.2208 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 P.Kanagaraj .. Petitioner/Respondent/Respondent/Plaintiff Vs. A.K.Ravi .. Respondent/Petitioner/Appellant/Defendant Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the fair and decretal order dated 26.08.2011 passed in Interlocutory Application No.193 of 2011 in Appeal Suit No.12 of 2011 by the District Court, Karur. For Petitioner : Mr.K.Govindarajan ORDER This Civil Revision Petition has been directed against the order dated 26.08.2011 passed in Interlocutory Application No.193 of 2011 in Appeal Suit No.12 of 2011 by the District Court, Karur. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.498 of 2003 on the file of the Sub Court, Karur praying to pass a money decree, wherein the present respondent has been shown as sole defendant. In Original Suit No.498 of 2003, an executable decree has been passed and the same has been put into execution in Execution Petition No.53 of 2011. Against the Judgment and decree passed in Original Suit No.498 of 2003, the defendant therein as appellant has filed Appeal Suit No.12 of 2011. During pendency of the same, the present petition has been filed in Interlocutory Application No.193 of 2011 under Order XLI, Rule 5 of the Code of Civil Procedure, 1908 praying to stay further proceedings in Execution Petition No.53 of 2011. The Court below has allowed the same. Against the order passed by the Court below, the present Civil Revision Petition has been filed. 3. Considering the nature of the relief sought for in Original Suit No.498 of 2003 and the Judgment and decree passed therein and as against the same, Appeal Suit No.12 of 2011 has been preferred and the same is pending on the file of the Court below and also considering the nature of the relief sought for in Interlocutory Application No.193 of 2011 and the order passed therein, notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioner has contended that in Original Suit No.498 of 2003, an executable money decree has been passed and the same has been put into execution in Execution Petition No.53 of 2011 and the Court below without considering the nature of the decree passed in Original Suit No.498 of 2003 has https://hcservices.ecourts.gov.in/hcservices/ 2 erroneously allowed the present petition filed in Interlocutory Application No.193 of 2011 and therefore the order passed by the Court below is liable to be set aside. 5. As narrated earlier, Original Suit No.498 of 2003 has been instituted for getting a money decree, wherein an executable decree has been passed and the same is being challenged in Appeal Suit No.12 of 2011. The present petition has been filed under Order XLI, Rule 5 of the Code of Civil Procedure, 1908 so as to stall the entire proceedings in Execution Petition No.53 of 2011. Considering the fact that as against the Judgment and decree passed in Original Suit No.498 of 2003, Appeal Suit No.12 of 2011 has been filed and the same is pending on the file of the Court below, the relief sought for in Interlocutory Application No.193 of 2011 can be granted till the disposal of Appeal Suit No.12 of 2011. The Court below has rightly allowed the petition in question and in view of the discussion made earlier, this Court has not found any force in the contentions putforth on the side of the revision petitioner and altogether the present Civil Revision Petition deserves to be dismissed. 6. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the order passed in Interlocutory Application No.193 of 2011 in Appeal Suit No.12 of 2011 by the District Court, Karur is confirmed. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To The District Judge, Karur. + 1 cc to Mr.K.Govindarajan, Advocate, SR No.41782 C.R.P(NPD)(MD)No.2208 of 2011 and M.P(MD)No.1 of 2011 28.11.2011 smn RJ/9.12.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/