Dismissed

Periyasamy Gounder @ Appavu (Died) 1. Periyathambi v. Periyasamy Gounder

Madras HC12 Oct 2023CRP(MD)/2459/2023

Case brief

AI extract

What is this about?

A civil revision petition challenging an execution order for delivery of property was dismissed. The court observed that the second appeal against the impugned order had been dismissed the previous day, leaving nothing to adjudicate, and thus declined to interfere.

What did the court decide?

Civil Revision Petition and connected Miscellaneous Petition dismissed. No costs.

Periyasamy Gounder @ Appavu (Died) 1. Periyathambi Vs… — Property and Title | Madras HC (2023)

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C.R.P.(MD)No.2459 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.10.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.2459 of 2023 and C.M.P.(MD)No.12825 of 2023

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Periyasamy Gounder @ Appavu (died)

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1.Periyathambi

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2.Nachimuthu

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3.Ganesan

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Palanisamy (died)

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4.Dhandapani

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Periyana Gounder @ Ayyavu (died)

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5.Periyasamy @ Subramani

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Samiyappan (died)

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Perumal (died)

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6.Periyakkal

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7.Chinna Periyakkal Saraswathi (died)

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8.Poovathal Ramathal (died)

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9.Vellaisamy

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10.Suganthi

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1/5

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

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C.R.P.(MD)No.2459 of 2023

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11.Ramya

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12.Seetha : Petitioners/Respondents 2 to 4, 6,8,12,13,15,17 to 20 Defendants 2 to 4, 6,8,12,13,15,17 to 20

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Vs.

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1.Periyasamy Gounder

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2.Karuppusamy Gounder

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3.Magudeeswaran : Respondents 1 to 3/Petitioners Plaintiffs

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4.Parvathi : 4^th Respondent/11^th Respondent 11^th Defendant

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Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order made in E.P.No.10 of 2019 in O.S.No.230 of 2008 on the file of the District Munsif Court, Palani, dated 09.08.2023.

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For Petitioner : Mr.D.Venkatesh For Caveators : Mr.T.Lenin Kumar, for R1 to R3.

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ORDER

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The Civil Revision Petition is directed against the order passed in E.P.No.10 of 2019 in O.S.No.230 of 2008, dated 09.08.2023 on the file of the District Munsif Court, Palani, ordering delivery.

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C.R.P.(MD)No.2459 of 2023

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The petitioner, who is a decree holder, has filed the execution

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petition, seeking delivery in pursuance of the final decree passed on 21.12.2018 in I.A.No.378 of 2008 in O.S.No.230 of 2008.

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It is not in dispute that some of the defendants have preferred an appeal and the same was ordered to be dismissed on 19.11.2022 and that thereafter, preferred a second appeal in S.A(MD)No.94 of 2023.

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The learned counsel for the petitioners would submit that the second appeal was dismissed by this Court yesterday (i.e., on 11.10.2023) and hence, nothing survives for further adjudication in this petition.

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In view of the above, this Court is not inclined to interfere with the impunged order of delivery passed by the executing Court and hence, the Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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12.10.2023

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das

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C.R.P.(MD)No.2459 of 2023

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1.The District Munsif Court, Palani.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.2459 of 2023

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K.MURALI SHANKAR,J.

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das

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Order made in C.R.P.(MD)No.2459 of 2023 and C.M.P.(MD)No.12825 of 2023

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Dated : 12.10.2023

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Periyasamy Gounder @ Appavu (Died) 1. Periyathambi v. Periyasamy Gounder

Case brief

What is this about?

What did the court decide?

Periyasamy Gounder @ Appavu (Died) 1. Periyathambi v. Periyasamy Gounder

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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