Dismissed

The Executive Engineer v. S.Thangavelu

Madras HC5 Dec 2023CMP(MD)/14234/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a Civil Miscellaneous Petition and rejected a Civil Revision Petition as infructuous. The High Court observed that the underlying execution petition had been dismissed as not pressed, rendering the revision application unsustainable.

What did the court decide?

Civil Miscellaneous Petition dismissed as infructuous; Civil Revision Petition rejected at the special leave stage.

The Executive Engineer Vs S.Thangavelu — Civil Procedure and Limitation | Madras HC (2023)

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C.M.P.(MD)No.14234 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATE : 05.12.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.M.P.(MD)No.14234 of 2023 in

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C.R.P.(MD)SR No.73590 of 2023

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The Executive Engineer & Administrative Officer, Trichy Housing Unit, Kasamalai Colony, Trichy 620 020. : Proposed Appellate/

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: Proposed Appellate/ 3^rd Party Requisition Officer/ 3^rd Party Requisition Officer

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Vs.

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1.S.Thangavelu : 1^st Respondent/Petitioner/ Claimant Land Owner

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2.The Special Thasildar (L.A) Urban, Neibourhood Scheme, Tiruchirappalli. :2^nd Respondent/Respondent/ Respondent (L.A)

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Prayer : The Civil Miscellaneous Petition filed under Section 151 C.P.C., to Grant Leave to the petitioner herein to file the present Civil Revision Petition as against the order passed by the Subordinate Court, Trichy in E.P.No.144 of 2005 in L.A.O.P.No.34 of 1989, dated 10.08.2023.

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Prayer

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C.M.P.(MD)No.14234 of 2023

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Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order of attachment made in E.P. No.144 of 2005 in L.A.O.P.No.34 of 1989, dated 10.08.2023 on the file of the Subordinate Court, Trichy.

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For Petitioner : Mr.A.Kannan For Caveator : Mr.K.K.Senthil, for R1 : Mr.A.Baskaran, Additional Government Pleader, for R2.

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ORDER

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This Civil Miscellaneous Petition has been filed to Grant Leave to

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the petitioner herein to file the above civil revision petition as against the petition and order passed in E.P.No.144 of 2005 in L.A.O.P.No.34 of 1989, dated 10.08.2023 on the file of the Subordinate Court, Trichy.

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When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the revision petitioner has not pressed the E.P and made an endorsement to that effect and on that basis, E.P., was ordered to be dismissed as not pressed on 28.11.2023 and as

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such nothing survives for further adjudication in the present petition.

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C.M.P.(MD)No.14234 of 2023

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Recording the submission made by the learned counsel for the

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petitioner, the Civil Miscellaneous Petition is dismissed as infructuous. Consequently, the Civil Revision Petition is rejected at the SR stage itself. No costs.

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05.12.2023

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NCC :yes/No Index :yes/No Internet:yes/No das

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The Subordinate Judge, Trichy

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2.The Special Thasildar (L.A) Urban, Neibourhood Scheme, Tiruchirappalli.

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3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.M.P.(MD)No.14234 of 2023

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K.MURALI SHANKAR,J.

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das

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C.M.P.(MD)No.14234 of 2023 in C.R.P.(MD)SR No.73590 of 2023

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Dated : 05.12.2023

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The Executive Engineer v. S.Thangavelu

Case brief

What is this about?

What did the court decide?

The Executive Engineer v. S.Thangavelu

Case brief

What is this about?

What did the court decide?

What the court decided

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