The High Court dismissed the Civil Revision Petition filed under Section 115 CPC to set aside a decree. The court accepted the petitioner's submission that execution was dismissed for non-prosecution.
Civil Revision Petition dismissed; connected miscellaneous petition 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(MD)No.1023 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.08.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.1023 of 2019 and C.M.P(MD)No.5660 of 2019
Selvaraj
...Petitioner/Respondent/ 1st Defendant/ Judgment Debtor
Vs.
Dr.J.Cyril Selvaraj ...Respondent/Petitioner/ Plaintiff/ Decree Holder
PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 23.03.2019 passed in E.P.No.41 of 2014 in O.S.No.240 of 2010 on the file of the I Additional Sub Court, Nagercoil, Kanyakumari District.
For Petitioner : Mr.V.Meenakshi Sundaram
For Respondent : No Appearance
ORDER
The learned counsel for the petitioner submits that the very same execution petition has already been dismissed for non-prosecution on 25.04.2022. Therefore, nothing survives in the matter. The learned https://www.mhc.tn.gov.in/judis
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C.R.P(MD)No.1023 of 2019
counsel for the petitioner would also fairly submit that even the condition
imposed by this Court is not fully complied with.
Consequently, connected miscellaneous petition is closed.
02.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn
To
1.The I Additional Sub Court, Nagercoil, Kanyakumari District.
2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P(MD)No.1023 of 2019
C.KUMARAPPAN,J.
SN
C.R.P(MD)No.1023 of 2019
02.08.2023
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1 issue framed by the court
Whether the execution petition, already dismissed for non-prosecution, sustains a civil revision.
1 provisions across 1 enactments
Selvaraj
Dr. J. Cyril Selvaraj
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
