Civil revision petition under Section 115 CPC filed to set aside an interim order was dismissed as moot following delivery of possession in an execution petition. No further order as to costs.
C.R.P. dismissed; no order as to costs; connected M.P. 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.2709 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.R.P.(NPD)(MD)No.2709 of 2018 and
C.M.P(MD) No.11881 of 2018
Rangammal (Died) Jeyaram (Died) 1. Kumutha 2. Jeyasri 3. Nathiya ... Revision Petitioners/Petitioners Proposed Defendants -vs-
/Plaintiffs 4. Saraswathi 5. Bhuvaneshwari 6. Balaji ... Respondents 4 to 6/ Respondents 4 to 6/ Defendants
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C.R.P.(MD).No.2709 of 2018
PRAYER:
PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C, to set aside the fair and executable order passed in I.A.No.109 of 2018 in O.S.No. 94 of 2015, dated 03.08.2018 on the file of the District Munsif Court, Bodinayakkanur.
For Petitioners : Mr.M.Senthilkumar
For Respondents : Mr.S.Kadarkarai for R1 to R3
O R D E R
The present Civil Revision Petition has been filed by the petitioner under Section 115 of C.P.C, to set aside the fair and executable order passed in I.A.No.109 of 2018 in O.S.No.94 of 2015, dated 03.08.2018 on the file of the District Munsif Court, Bodinayakkanur.
2. The instant revision petition has been filed against the dismissal of the application filed under Section 5 of Limitation Act, to condone the delay in filing of the application to set aside the ex parte order which was passed against the petitioner in the final decree application.
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C.R.P.(MD).No.2709 of 2018
3. When the matter came up for hearing before this Court, the learned counsel for the respondents 1 to 3 has submitted that during the pendency of the civil revision petition, final decree was passed. In pursuance of the final decree, an Execution Petition in E.P.No.06 of 2020 has also been filed. In which, the Court has directed to deliver the possession, and in pursuance thereof, the petitioners handed over the possession of the property to the respondents 1 to 3/plaintiffs. Therefore, nothing survives in the revision petition.
4. The learned counsel for the petitioner also conceded about the outcome of the Execution Petition.
5. Hence, this Civil Revision Petition is dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
20.07.2023
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
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C.R.P.(MD).No.2709 of 2018
To
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C.R.P.(MD).No.2709 of 2018
C.KUMARAPPAN,J.
ebsi
C.R.P(NPD)(MD)No. 2709 of 2018
20.07.2023
Rangammal (Died) Jeyaram (Died) 1. Kumutha 2. Jeyasri 3. Nathiya
1. Sahthyabama 2. Athilakshmi 3. Amutha 4. Saraswathi 5. Bhuvaneshwari 6. Balaji
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
