Dismissed

Thomas v. C.Sankthakumarai Amma, Died, Sreedharan Nair

Madras HC10 Nov 2023CRP(MD)/1846/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed the civil revision petition as infructuous. The court observed that the underlying execution petition was terminated following the recording of delivery of the decree, leaving nothing for further adjudication.

What did the court decide?

Civil Revision Petition dismissed as infructuous; no costs; connected Civil Miscellaneous Petition closed.

Thomas Vs C.Sankthakumarai Amma, Died… — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P(MD)No.1846 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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C.R.P(MD) No.1846 of 2019 and C.M.P(MD) No.9480 of 2019

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1.Thomas

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2.Sabumathew ...Petitioners

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Vs.

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1.C.Santhakumarai Amma (died)

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2.Sreedharan Nair

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3.Ramani Bai

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4.Sethu Bai

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5.Sreekumaran Nair

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6.Hari Kumar

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1/6

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1846 of 2019

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7.Anand

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8.V.J.Chako Financial Department

Post Box No.193,

Safat 13002,

Safat Kuwait.

9.Thankamma

10.Joseph 11.Raj 12.Emili Joseph 13.Varghese V.Joseph

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...Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair order and decreetal order dated 29.07.2019 passed in E.P.No.33 of 2000 in O.S.No.40 of 1976 on the file of the Principal District Munsif Court, Padmanabhapuram, Kanyakumari District, and allow this Civil Revision Petition.

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1846 of 2019

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For Petitioners : Mr.G.Gomathi Sankar

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For Respondents : Died – for RR1, 9 to 11

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No Appearance – for RR12

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Batta due – for RR2 to 7

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Unserved – for RR8 & 13

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O R D E R

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This Civil Revision Petition is filed against the order dated 29.07.2019 passed in E.P.No.33 of 2000 in O.S.No.40 of 1976

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on the file of the Principal District Munsif Court, Padmanabhapuram, Kanyakumari District.

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During the course of hearing Mr.G.Gomathi Sankar, learned counsel for the petitioner on record placed a copy of the order, dated 30.08.2019 in E.P.No.33 of 2000. On perusal of the same, it appears that delivery was effected as per the decree and delivery is recorded and Execution Petition in E.P.No.33 of 2000 is terminated.

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1846 of 2019

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In view of the above, in the considered opinion of this

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Court, nothing survives for further adjudication in this Civil Revision Petition.

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Accordingly, this Civil Revision Petition is dismissed

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as infructuous.

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No costs.

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Consequently, connected Civil Miscellaneous Petition

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is closed.

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10.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1846 of 2019

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The Principal District Munsif, Principal District Munsif Court, Padmanabhapuram, Kanyakumari District,

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1846 of 2019

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BATTU DEVANAND, J.

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C.R.P(MD) No.1846 of 2019

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10.11.2023

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6/6 https://www.mhc.tn.gov.in/judis

Thomas v. C.Sankthakumarai Amma, Died, Sreedharan Nair

Case brief

What is this about?

What did the court decide?

Thomas v. C.Sankthakumarai Amma, Died, Sreedharan Nair

Case brief

What is this about?

What did the court decide?

What the court decided

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