1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.200 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 V.N.M.Pandian .. Petitioner Vs. O.Manmatharajan .. Respondent Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the fair and decretal order dated 19.11.2010 passed in Execution Petition No.3 of 2010 in Original Suit No.91 of 1999 by the District Munsif cum Judicial Magistrate No.1, Usilampatti. For Petitioner : Mr.E.R.Guirubalachandran For Respondent : Mr.R.Venkatesan for M/s.Right Law Associates ORDER The order of arrest passed in Execution Petition No.3 of 2010 in Original Suit No.91 of 1999 by the District Munsif cum Judicial Magistrate Court No.1, Usilampatti is being challenged in the present Civil Revision Petition. 2. The respondent herein as plaintiff has instituted Original Suit No.91 of 1999 praying to pass a money decree, wherein the present revision petitioner has been shown as sole defendant. In Original Suit No.91 of 1999, an executable decree has been passed on 31.08.2009 and the same has been put into execution in Execution Petition No.3 of 2010, wherein the impugned order of arrest has been passed. Against the order of arrest, the present Civil Revision Petition has been preferred. 3. The learned counsel appearing for the revision petitioner has contended that against the Judgment and decree passed in Original Suit No.91 of 1999, the revision petitioner has made arrangements to prefer an appeal with a delay excuse petition and the same has been numbered as Interlocutory Application No.168 of 2010 and under the said circumstances, the order of arrest passed in Execution Petition No.3 of 2010 is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Per contra, the learned counsel appearing for the respondent has contended that in Original Suit No.91 of 1999 after lapse of ten years, Judgment and decree have been passed on 31.08.2009 and the same has been put into execution in Execution Petition No.3 of 2010 and further Interlocutory Application No.168 of 2010 has been filed under Section 5 of the Limitation Act so as to condone a huge delay and under the said circumstances the order of arrest passed in Execution Petition No.3 of 2010 is not liable to be set aside. 5. As directed by this Court, the revision petitioner has deposited 50% of the amount mentioned in Execution Petition No.3 of 2010. Considering the fact that in Execution Petition No.3 of 2010, 50% of the amount mentioned therein has already been deposited and also considering the pendency of Interlocutory Application No.168 of 2010 on the file of the Principal Sub Court, Madurai, this Court is of the view to give necessary direction to keep the Execution Petition till the disposal of Interlocutory Application No.168 of 2010. With the above observation, this Civil Revision Petition can be disposed of. 6. In fine, this Civil Revision Petition is disposed of on the basis of the observation made earlier. The District Munsif cum Judicial Magistrate Court No.1, Usilampatti is directed to keep Execution Petition No.3 of 2010 in Original Suit No.91 of 1999 till the disposal of Interlocutory Application No.168 of 2010, which is pending on the file of the Principal Sub Court, Madurai and till the disposal of Interlocutory Application No.168 of 2010, the order of arrest passed in Execution Petition No.3 of 2010 is ordered to be stayed. The District Munsif cum Judicial Magistrate Court No.1, Usilampatti is at liberty to proceed with Execution Petition No.3 of 2010 after the disposal of Interlocutory Application No.168 of 2010. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The Principal Subordinate Judge, Madurai 2.The District Munsif cum Judicial Magistrate No.1, Usilampatti. +One Cc to Mr.E.R.Gurubalachandran, Advocate, SR.no.10315 +One Cc to M/s.Right Law Associates, Advocate, SR.No.10519 smn rl/5c – 10.3.2011 C.R.P(NPD)(MD)No.200 of 2011 and M.P(MD)No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/