A civil revision petition challenging an execution order was dismissed as infructuous because the underlying execution petition was dismissed for default. The court noted that a review may be sought if the execution petition is restored.
Civil Revision Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(NPD)(MD).No.1325 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR
C.R.P.(NPD)(MD).No.1325 of 2009 M.P.(MD).No.1 of 2009
The Commissioner Kodaikanal Municipality Kodaikanal.
Kodaikanal. .. Petitioner/Respondent Vs. Selvam .. Respondent/Petitioner
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the petition and order dated 10.09.2009 in E.P.No.19 of 2006 in O.S.No.55 of 2004 on the file of the District Munsif cum Judicial Magistrate Court, Kodaikanal.
For Petitioner : Mr.J.Parekhkumar
For Respondent : No Appearance
ORDER
This Civil Revision petition is preferred as against the order of executing Court in E.P.No.19 of 2006 in O.S.No.55 of 2004.
2.The execution petition is to pass an order of attachment. Learned counsel for the petitioner states that the revision petition has become infructuous in view of the fact that the execution petition was dismissed for default by an order dated 15.03.2018.
3.Recording the above statement this Civil revision petition is dismissed as infructuous. However, in case the execution petition is restored and the attachment order is revived, it is open to the petitioner to seek review of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar // True Copy //
Sub Assistant Registrar(CS)
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C.R.P.(NPD)(MD).No.1325 of 2009
To
The District Munsif cum Judicial Magistrate, Kodaikanal.
Copy to:
The Section Officer, (2 Copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.SRINIVAS, Advocate ( SR-80972[F] dated 09/08/2019 )
C.R.P.(NPD)(MD).No.1325 of 2009 09.08.2019
TM
JMN(28.08.2019) 2P : 5C
2/2
1 issue framed by the court
Whether the civil revision petition is maintainable against an execution petition that was dismissed for default.
2 provisions across 2 enactments
Commissioner Kodaikanal Municipality
Selvam
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
