In two Civil Revision petitions filed under Section 115 CPC, the Madras High Court dismissed the petitions as the underlying execution applications had been settled out of court, rendering the matter infructuous.
Civil Revision petitions dismissed as settled out of court; no costs; connected miscellaneous petition closed.
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.(MD) Nos.1905 and 1906 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2019
CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD) Nos.1905 and 1906 of 2013 and M.P.(MD) No.1 of 2013
1.Dees
2.Thiyagarajan
3.Rajendran
... Petitioners in both C.R.Ps.,
vs.
Balusamy
... Respondent in both C.R.Ps.,
Common Prayer:- These Petitions are filed under Section 115 of the Code of Civil Procedure, to call for the records and set aside the order dated 05.10.2013 passed in the execution applications in E.A.Nos.195 & 196 of 2013 in E.P.No.32 of 2011 in O.S.No.35 of 1994 on the file of the District Munsif Court, Ramanathapuram.
COMMON ORDER
When the matter is taken up for hearing, the learned counsel appearing for the respondent would submit that the matter has been settled out of this Court and that the prayer sought for in these revision petitions has now become infructuous.
2.In view of the above, nothing survives for further consideration in these revision petitions and accordingly, these Civil Revision petitions are dismissed as settled out of this Court. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CO)
// True Copy //
Sub Assistant Registrar(CS)
mm
1/2
C.R.P.(MD) Nos.1905 and 1906 of 2013
To
The District Munsif, Ramanathapuram.
C.R.P.(MD) Nos.1905 and 1906 of 2013
TR(18.11.2019) 2P 2C
2/2
1 issue framed by the court
Whether the Civil Revision petitions are maintainable when the subject matter has been settled out of court.
1 provisions across 1 enactments
Dees
Thiyagarajan
Rajendran
Balusamy
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
