Held that since the petitioners complied with the decree by handing over premises keys to the respondent, no further adjudication was required. The Civil Revision Petition was closed and the Execution Petition was terminated.
Civil Revision Petition closed. Execution Petition No.1 of 2005 terminated. Respondent restricted to suit claims.
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.
CRP (NPD)(MD) No.2076 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2021 CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRP (NPD)(MD) No.2076 of 2012 and MP(MD) No.1 of 2012
Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside the fair and decreetal order dated 27.08.2012 made in E.A.No.184 of 2011 in E.P.No.1 of 2005 on the file of the District Munsif, Trichy.
For Petitioners : Mr.R. Baskaran Additional Advocate General Assisted by Mr.A.Baskarana, Government Advocate For Respondents : Mr.K. Govindarajan
O R D E R
This revision has been filed to set aside the fair and decreetal order dated 27.08.2012 made in E.A.No.184 of 2011 in https://hcservices.ecourts.gov.in/hcservices/
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CRP (NPD)(MD) No.2076 of 2012
E.P.No.1 of 2005 on the file of the District Munsif, Trichy.
3.Today, when the matter is taken up for hearing, the Tahsildhar, Musiri has filed a memo stating that the petitioners/defendants have complied with the decree and the keys of the premises in S.No.672/31 have been handed over to the first respondent/Pushpanathan, who is the petitioner in E.P.No.1 of 2005 on the file of the learned District Munsif, Trichy.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
aav
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CRP (NPD)(MD) No.2076 of 2012
Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
The District Munsif, Trichy
Copy to
The Section Officer, V.R.Section(2C) Madurai Bench of Madras High Court, Madurai
+1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-32540[F] dated 26/10/2021 +1 CC to M/s.SPL.GP ( SR-32555[F] dated 26/10/2021 )
CRP (NPD)(MD) No.2076 of 2012 and MP(MD) No.1 of 2012 25.10.2021
PK(CO)
KB(12.11.2021) 3P 6C
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3 issues framed by the court
Whether the Civil Revision Petition needs further adjudication in view of the decree having been complied with.
Whether the Execution Petition stands terminated upon compliance with the decree.
Whether the parties may use the premises other than what was claimed in the suit.
1 provisions across 1 enactments
State of Rep.by The District Collector Collectorate Building Trichy District
The Sub Collector Sub Collector Office Musiri, Trichy District
The Tahsildhar Taluk Office Musiri, Trichy District
The Block Development Officer Union Office Thathayangarpetti, Musiri Taluk Trichy District
The Assistant Director Office of the Assistant Director of Panchayat Trichy
Pushpanathan
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
