Petitioner filed a civil revision petition under Article 226 challenging an earlier order in an execution petition. Counsel submitted that the execution petition was already closed, rendering the revision infructuous. The court dismissed the petition as infructuous.
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Crp.No.1474 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
C.R.P.No.1474 of 2021
and
C.M.P.No.11585 of 2021
K.Shanmugam
Petitioner
Vs.
Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the fair order and decretal order dated 01.11.2019 passed by the Principal Sub Court, Mayiladuthurai in E.A.No. 2 of 2019 in E.P.No.55 of 2010 in O.S.No.36 of 2005.
For petitioner : Mr.S.P.Hari Krishnan
For R1 : Mr.A.Muthukumar
Page No.1 of 4
Crp.No.1474 of 2021
O R D E R
The relief sought in this Civil Revision Petitionis to set aside the fair
order and decretal order dated 01.11.2019 passed by the Principal Sub Court Mayiladuthurai in E.A.No. 2 of 2019 in E.P.No.55 of 2010 in O.S.No.36 of 2005.
counsel appearing for the petitioner submitted that the execution petition has been closed as early as 08.09.2021.
the same.
since the execution petition has been closed nothing survives for adjudication in the civil revision petition and hence, the same has become infructuous. He also made an endorsement to that effect in the case bundle.
Page No.2 of 4
Crp.No.1474 of 2021
made by the learned counsel for the petitioner, this civil revision petition is
dismissed as having become infructuous. No costs.
17.10.2023
vca Index : Yes/No Speaking Order : Yes/No
Page No.3 of 4
Crp.No.1474 of 2021
J.SATHYA NARAYANA PRASAD,J.
vca
C.R.P.No.1474 of 2021 and C.M.P.No.11585 of 2021
17.10.2023
Page No.4 of 4
1 issue framed by the court
Whether the civil revision petition survived after the execution petition was closed
K.Shansmugam
P.Manogaran
Govindaraj
J.Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
