These Civil Revision Petitions challenging orders on execution proceedings were dismissed as infructuous since the trial court had disposed of the underlying execution petition and the suit after the relevant dates.
Civil Revision Petitions dismissed as infructuous. No order as to costs. 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)Nos.1516 to 1518 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.02.2023
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
C.R.P(MD)Nos.1516 to 1518 of 2014 and
M.P(MD)No.2 of 2014
1.S.Santhanakrishnan 2.S.Balakrishnan 3.S.Radhakrishnan 4.G.Shanthi ... Revision Petitioners
(In All Cases)
Vs.
1.R.Parimala 2.S.Gunasundari 3.K.Senbhagalakshmi 4.R.Rengamani 5.R.Aaravamuthan ... Respondents
(In All Cases)
PRAYER in C.R.P(MD)No.1516 of 2014: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to allow the Civil Revision Petition and set aside the petition and order, dated 19.06.2014 passed in E.A.No.85 of 2013 in E.P.No.41 of 2010 in O.S.No.59 of 2007 on the file of the Principal Sub-Court, Kumbakonam.
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C.R.P(MD)Nos.1516 to 1518 of 2014
PRAYER in C.R.P(MD)No.1517 of 2014: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to allow the Civil Revision Petition and set aside the petition and order, dated 19.06.2014 passed in E.A.No.87 of 2013 in E.P.No.41 of 2010 in O.S.No.59 of 2007 on the file of the Principal Sub-Court, Kumbakonam.
PRAYER in C.R.P(MD)No.1518 of 2014: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to allow the Civil Revision Petition and set aside the petition and order, dated 19.06.2014 passed in E.A.No.86 of 2013 in E.P.No.41 of 2010 in O.S.No.59 of 2007 on the file of the Principal Sub-Court, Kumbakonam.
(In All Cases) For Petitioners : No appearance For Respondents : No appearance
COMMON ORDER
When these Civil Revision Petitions were called up for hearing, there is no representation on either side of the petitioners as well as the respondents. However, the status of the trial Court which was called for
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C.R.P(MD)Nos.1516 to 1518 of 2014
from the Additional Subordinate Judge, Kumbakonam (FAC), dated 16.02.2023 would reveal that on verification of the suit register the Original Suit No.59 of 2007 (C.R.P(MD)Nos.1516 to 1518 of 2014) was filed for partition and separate possession and the final decree was passed on 26.03.2010 and the suit was decreed. The defendants 1 to 4 handed over the possession of the third item of the suit property to the plaintiff as per compromise decree passed by this Court.
2. The learned Additional Subordinate Judge further submitted in his notes that after disposal of the suit, the petitioner had filed Execution Petition in E.P.No.41 of 2010 on the file of the Principal Sub Court, Kumbakonam. against the respondent for delivery of the suit property. On 08.12.2017 the property was delivered, the same was recorded and the E.P was terminated. He further submitted that presently no petition or execution petition were pending in the suit before the Additional SubCourt, Kumbakonam.
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C.R.P(MD)Nos.1516 to 1518 of 2014
3. It seems that the entire case before the trial Court was disposed of and in view of the same, these Civil Revision Petitions stand dismissed as infructuous. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
24.02.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No Btr
To
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C.R.P(MD)Nos.1516 to 1518 of 2014
L.VICTORIA GOWRI, J.
Btr
Order made in C.R.P(MD)Nos.1516 to 1518 of 2014
24.02.2023
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1 issue framed by the court
Whether the Civil Revision Petitions filed under Section 115 of CPC stand dismissed as infructuous since the execution petition was already disposed of?
1 provisions across 1 enactments
S.Santhanakrishnan, S.Balakrishnan, S.Radhakrishnan, G.Shanti
R.Parimala, S.Gunasundari, K.Senbhagalakshmi, R.Rengamani, R.Aaravamuthan
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
