The High Court dismissed two civil revision petitions under Section 115 CPC as infructuous. The petitioner's counsel submitted that the underlying execution petition had already been terminating on 30.11.2021, rendering no appeal scope for adjudication.
Civil Revision Petitions dismissed as infructuous; connected miscellaneous petitions closed.
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.
C.R.P.Nos.4557 & 4558 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.Nos.4557 & 4558 of 2017 and C.M.P.Nos.21507 & 21508 of 2017
CRP No.4557 of 2017
Muthuraman .... Petitioner Vs 1. Jayapriya Chit Funds (P) Ltd., rep by its Foreman Gandhi Nagar Branch, Neyveli, Cuddalore District. 2. Sulaiman 3. D.Elango .... Respondents CRP No.4558 of 2017 D.Elango .... Petitioner Vs 1. Jayapriya Chit Funds (P) Ltd., rep by its Foreman Gandhi Nagar Branch, Neyveli, Cuddalore District. 2. Sulaiman 3. Muthuraman .... Respondents 1/4
C.R.P.Nos.4557 & 4558 of 2017
COMMON PRAYER :- Civil Revision Petitions are filed under Section 115 of the Code of Civil Procedure to set aside the fair and decreetal order dated 01.09.2017 passed in E.P.No.51 of 2016 in Award No.388 of 2015 on the file of the Subordinate Judge, Panruti.
For Petitioner in both CRPs : Mr.P.Dinesh Kumar For R1 in both CRPs : Mr.C.A.Anburaja For R2 to R3 in both CRPs : No appearance
COMMON ORDER
These Civil Revision Petitions have been filed to set aside the fair and decreetal order dated 01.09.2017 passed in E.P.No.51 of 2016 in Award No.388 of 2015 on the file of the Subordinate Judge, Panruti.
for the petitioner, these Civil Revision Petitions are dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. No costs.
02.03.2023
Index:Yes/No Internet:Yes/No Lpp
2/4
C.R.P.Nos.4557 & 4558 of 2017
To
The Subordinate Judge, Panruti.
3/4
C.R.P.Nos.4557 & 4558 of 2017
G.K.ILANTHIRAIYAN, J.
Lpp
C.R.P.Nos.4557 & 4558 of 2017 and C.M.P.Nos.21507 & 21508 of 2017
02.03.2023
4/4
1 issue framed by the court
Whether a civil revision petition is maintainable when the execution petition terminating its subject matter was already terminated.
Muthuraman
Jayapriya Chit Funds (P) Ltd.
Sulaiman
D.Elango
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
