Dismissed

C. Chelladurai v. C. Gurusamy

Madras HC7 Jul 2021CRP/1210/2018

Case brief

AI extract

What is this about?

HC Madras dismissed a Civil Revision Petition filed under Article 226 against a decree awarded via execution proceedings. The court held that with the termination of the main execution petition and a pending CBI investigation into impersonation, nothing survived in the revision. The CBI was directed to complete the probe within three months. The civil suit was dismissed.

What did the court decide?

C.B.I. directed to complete investigation and file report within three months; Petitioner directed to proceed against accused if report adverse.

C. Chelladurai Vs C. Gurusamy — Civil Procedure and Limitation | Madras HC (2021)

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C.R.P.(NPD) No.1210 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.07.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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C.R.P.(NPD) No.1210 of 2018
and C.M.P.No.7020 of 2018
C.Chelladurai ... Petitioner
Vs
C.Gurusamy ... Respondent

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Prayer: Civil Revision Petition filed under Article 227 of the Constitution

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of India, against the Fair and Decreetal Orders dated 31.01.2018 passed in E.A.No.45 of 2017 in E.P.No.174 of 2016 in O.S.No.134 of 2004 on the file of II Additional District Court, Thiruvallur at Poonamallee, Chennai 600 056.

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For Petitioner : Mr.A.Ramaswamy For Respondent : M/s.R.Perumal Swamy For Cave Mr.K.Srinivasan Spl. PP for CBI

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**********

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(NPD) No.1210 of 2018

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O R D E R

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This Civil Revision Petition is filed against the Fair and Decreetal

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Order dated 31.01.2018 passed in E.A.No.45 of 2017 in E.P.No.174 of 2016 in O.S.No.134 of 2004 on the file of II Additional District Court, Thiruvallur at Poonamallee, Chennai 600 056, thereby dismissing the application filed under Section 47 of CPC in the Execution Petition.

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Pending the Civil Revision Petition, the nature of allegation made in the application filed under Section 47 of CPC is that the plaintiff /

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respondent died and no legal representatives were impleaded.

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Taking advantage of Civil decree, in the name of the plaintiff another person impersonated as if he was a Decree Holder and filed

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Execution Proceedings. Therefore, this Court by an order dated 20.04.2018 ordered for investigation by the Central Bureau of Investigation. As directed by this Court, the Additional Superintendent of Police of Central Bureau of Investigation / Special Crimes Branch, Chennai registered a First Information Report in RC.4(S)/2018/CBI/SCB/Chennai on 25.07.2018 for

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(NPD) No.1210 of 2018

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the offences under Sections 419 and 420 of IPC as against unknown persons. For the past two years, the investigation is pending and no progress is made by the Central Bureau of Investigation.

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In the meanwhile, in the Execution Petition, delivery was ordered

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and it was already effected. After recording the delivery of possession of

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the suit property, the main Execution Petition in E.P.No.174 of 2016 was

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terminated on 14.06.2018 itself.

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Therefore, nothing survives in the present Civil Revision Petition

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and is dismissed. However, if any adverse report is received from the Central Bureau of Investigation as against the respondent herein or other

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accused persons, the petitioner is at liberty to proceed against him as per the investigation report.

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The Central Bureau of Investigation is directed to complete the investigation and file a report before the jurisdiction Court within a period

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of three months from the date of receipt of a copy of this Order.

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(NPD) No.1210 of 2018

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Accordingly, this Civil Revision Petition is dismissed.

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Consequently, the connected miscellaneous petition is dismissed. No order

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as to costs.

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07.07.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
1.The 2nd Additional District Court,
Thiruvallur at Poonamallee,
Chennai 600 056.
2.The Central Bureau of Investigation,
Special Crimes Branch,
Chennai.

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(NPD) No.1210 of 2018

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G.K.ILANTHIRAIYAN. J,

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rna

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C.R.P.(NPD) No.1210 of 2018
and C.M.P.No.7020 of 2018
07.07.2021

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https://www.mhc.tn.gov.in/judis/

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C. Chelladurai v. C. Gurusamy

Case brief

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C. Chelladurai v. C. Gurusamy

Case brief

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