Allowed

Krishna Reddiyar (Deceased) v. N.Nethaji

Madras HC1 Oct 2021CRP/3091/2015

Case brief

AI extract

What is this about?

Civil revision petition challenging an order staying execution proceedings pending a writ petition. The High Court held the stay order became infructuous upon dismissal of the writ for non-prosecution and directed disposal of the execution petition within three months.

What did the court decide?

Directs the learned Principal District Munsif to dispose of the execution petition within three months.

Krishna Reddiyar (Deceased) Vs N.Nethaji — Execution and Attachment | Madras HC (2021)

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C.R.P.(NPD)No.3091 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.10.2021

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CORAM:

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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C.R.P.(NPD)No.3091 of 2015
and M.P.No.1 of 2015
Krishna Reddiyar (died) ... Petitioner
V.M.Adhesh
(Petitioner V.M.Adhesh brought on
record as legal heir of the deceased sole
petitioner viz., Krishna Reddiyar vide
Court order dated 24.09.2021 made in
C.M.P.No.12342 of 2020 in
C.R.P.(NPD)No.3091 of 2015)
Vs.
N.Nethaji ... Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 24.07.2014 made in E.A.No.123 of 2014 in E.P.No.10 of 2008 in R.C.O.P.No.62 of 1997 on the file of the Principal District Munsif Court, Alandur.

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For Petitioner : Mr.C.Jagadish

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

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C.R.P.(NPD)No.3091 of 2015

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For Respondent : Mr.G.Vijayakumar

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ORDER

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(The matter is heard through “Video Conferencing/Hybrid Mode”.)

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Civil Revision Petition is filed against the fair and decretal order

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dated 24.07.2014 made in E.A.No.123 of 2014 in E.P.No.10 of 2008 in

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R.C.O.P.No.62 of 1997 on the file of the Principal District Munsif Court,

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Alandur.

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2.Heard the learned counsel appearing for the petitioner as well

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as the learned counsel appearing for the respondent and perused the

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entire materials on record.

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3.The respondent filed the said E.A.No.123 of 2014 under Order

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XXI Rule 26 read with Section 151 of C.P.C. to stay of further proceedings in E.P.No.10 of 2008 till the disposal of Writ Petition

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No.5275 of 2010 and the same was allowed.

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4.The learned counsel appearing for the petitioner submitted that

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

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C.R.P.(NPD)No.3091 of 2015

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the said Writ Petition filed by the respondent was dismissed for non-prosecution by the First Bench of this Court vide order dated 18.07.2019 and prayed for setting aside the impugned order passed in E.A.No.123 of 2014 in E.P.No.10 of 2008 and for speedy disposal of the

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E.P. 5.From the materials on record, it is seen that the learned Judge by the impugned order dated 24.07.2014 in E.A.No.123 of 2014 stopped the execution petition till the disposal of the Writ Petition No.5275 of 2010. Now the Writ Petition has been dismissed for non-prosecution by the Division Bench of this Court on 18.07.2019. In view of the dismissal of the Writ Petition, the impugned order of the learned Judge dated 24.07.2014 made in E.A.No.123 of 2014 in E.P.No.10 of 2008 in R.C.O.P.No.62 of 1997 has become infructuous. The learned Judge is directed to dispose of the E.P.No.10 of 2008 in R.C.O.P.No.62 of 1997 as expeditiously as possible, in any event, within 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.3091 of 2015

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6.With the above directions, the Civil Revision Petition stands

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disposed of. No costs. Consequently, connected Miscellaneous Petition is

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closed.

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01.10.2021
Index : Yes/No
Internet: Yes/No
kj
To
The Principal District Munsif
Alandur.

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

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C.R.P.(NPD)No.3091 of 2015

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V.M.VELUMANI,J.

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C.R.P.(NPD)No.3091 of 2015
and M.P.No.1 of 2015
01.10.2021

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

Krishna Reddiyar (Deceased) v. N.Nethaji

Case brief

What is this about?

What did the court decide?

Krishna Reddiyar (Deceased) v. N.Nethaji

Case brief

What is this about?

What did the court decide?

What the court decided

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