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Madras High Court · body

2012 DIGILAW 1845 (MAD)

R. Padmanabhan v. Shriram City Union Finance Ltd Rep by its Authorised Signatory Namakkal Division

2012-04-11

G.RAJASURIA

body2012
Judgment :- 1. Heard the learned counsel for the petitioners. 2. A thumbnail sketch of the relevant facts absolutely necessary for the disposal of this civil revision petition would run thus: (i) The revision petitioners are the judgment debtors in the Execution Proceedings for recovery of the decreetal amount. (ii) The learned counsel for the revision petitioners would submit that they stood as guarantors, being Government servants. The principal debtor has not been added as one of the respondents in the Execution proceedings. The revision petitioners also filed counter. While so, they apprehend that at any moment, the Court might attach the salary of the revision petitioners, who are the Government servants and they would be put in a quandary in the execution proceedings. 3. I am of the view that absolutely there is no locus standi for the revision petitioners to invoke the revisional jurisdiction of this court because as on date no order has been passed. The very Execution proceedings filed as against the revision petitioners cannot be labelled or termed as something illegal and it is open for them to put forth their grievance before the Execution court and get suitable orders and if any adverse order is passed as against them, it is open for them to challenge the same in the way known to law. 4. As such, I am of the view that there is absolutely no merit in this revision and accordingly, the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 5. The learned counsel for the revision petitioners would submit that so far no order has been passed, even though counter was filed long ago. Hence, I would like to give direction to the Execution court, viz.,Principal District Judge, Namakkal to dispose of the matter within a period of four weeks from this day.