BOLLINENI DEVLOPERS LTD. Vs. R. CHANDRASEKARAN @ CHANDRAN

JUDGEMENT

(1.) This Application praying that this Hon'ble Court be pleased to set aside the order of the learned Master, dated 5.2.2013 made in E.P. Diary No. 33772 or 2012 and thereby direct the Registry to number the Execution Petition and deal with the same in accordance with law for the following grounds:

(2.) Furthermore, the learned Counsel for the Petitioner submitted that the Petitioner is entitled to file Execution Petition before this Court, wherein the original action has been initiated as pointed out above and in support of his contention, he cited the Judgment of Hon'ble Supreme Court in Khalell Ahmed Dakhani v. The Hatti Gold Mines Co. Ltd., 2000 3 SCC 755, wherein the Hon'ble Supreme Court has held as hereunder:

(3.) With due respect after following the above judgment and after applying the principle laid down this Court holds that the Execution Petition has been rightly filed by the Petitioner before this Court and the approach of the Master in rejecting the above contention raised by the learned Counsel for the Petitioner and also not considering the above judgment cited above are not sustainable. In view of the provisions contained under Order 39, Rules 6, 7, 8 & 9 of Madras High Court Original Side Rules, the learned Counsel for the Petitioner further submitted that no permission is contemplated and also in support of the above contention the learned Counsel for the Petitioner relied upon the Judgment of the Division Bench of this Court in a case in Ram Narayan v. Vimala Jhavar and others, 2002 1 CTC 48, wherein the Division Bench of this Court has held as follows: