Dismissed

K.a.Velappan v. Gnanamani Ammal Chatrum

Madras HC8 Dec 2023CRP(MD)/616/2019

Case brief

AI extract

What is this about?

This Court dismissed a Civil Revision Petition under Section 115 CPC filed against an order in execution proceedings. The single judge observed that while no stay order existed at filing, the Execution Petition was subsequently dismissed by the lower court, rendering the revision petition non-survivable.

What did the court decide?

The Civil Revision Petition is dismissed. No costs are awarded. Connected miscellaneous petition is closed.

K.a.Velappan Vs Gnanamani Ammal Chatrum — Execution and Attachment | Madras HC (2023)

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C.R.P(MD)No.616 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08.12.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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C.R.P(MD)No.616 of 2019 and C.M.P. (MD) No.3144 of 2019

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K.A.Velappan ...Petitioner/Petitioner/

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7th Respondent/3 rd Party

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Vs.

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Gnanamani Ammal Chatrum through its Hereditary Trustee Ayyathaiyalnayagi Ammal (died) through Co-Trustees K.A.Murugappan K.A.Shanmugavel

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and Visalakshmi Ammal

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... 1^st Respondent/1^st Respondent/ 1^st Petitioner/Plaintiff

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2.K.A.Murugappan 3.K.A.Shanmugavel ...Respondents 2 & 3/

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Respondents 1 & 2/Petitioners 1 & 2 4.Visalakshi Ammal ...4^th Respondent/4^th Respondent/ 8^th Respondent/3^rd Party 5.Namasivayam ..5^th Respondent/5^th Respondent/ 2^nd Respondent/8^th Defendant

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PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code against the fair and decretal order passed in E.A.No.216 of 2017 in E.P.No.75 of 1994 in O.S.No.71 of 1988 on the file of the Principal Sub-Court, Tirunelveli dated 05.01.2019.

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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.616 of 2019

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For Petitioner	: Mr.M.Kumar
For R2 & R3	: Mr.P.Thiyagarajan
For R1	: No appearance
For R5	: No appearance

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O R D E R

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This Civil Revision Petition is filed against the order

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dated 05.01.2019 passed in E.A.No.216 of 2017 in E.P.No.75 of 1994 in O.S.No.71 of 1988 on the file of the Principal Sub-Court, Tirunelveli.

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2. Though this Civil Revision Petition was filed in the

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year 2019, till date, there is no order of stay passed by this Court. It appears that the Execution Court proceeded with the execution proceedings.

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3. During the course of hearing today, the learned

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counsel for the respondents 2 and 3 submits that after delivery of the

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2/5

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

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C.R.P(MD)No.616 of 2019

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property, the Execution Petition itself is dismissed by order dated 18.03.2019.

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4. In view of the same, in my considered view, nothing survives in this Civil Revision Petition.

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5. Accordingly, placing on record the copy of the diary

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status report of E.P.No.75 of 1994 in O.S.No.71 of 1988, on the file of the Principal Subordinate Court, Tirunelveli, this Civil Revision Petition is dismissed.

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6. No costs.

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7. Consequently, connected miscellaneous petition is

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closed.

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08.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM

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3/5

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

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C.R.P(MD)No.616 of 2019

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The Principal Sub-Court, Tirunelveli

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The Section Officer, V.R.Section,

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Madurai Bench of Madras High Court, Madurai.

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4/5

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

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C.R.P(MD)No.616 of 2019

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BATTU DEVANAND, J.

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C.R.P(MD)No.616 of 2019 and C.M.P. (MD) No.3144 of 2019

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08.12.2023

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5/5 https://www.mhc.tn.gov.in/judis

K.a.Velappan v. Gnanamani Ammal Chatrum

Case brief

What is this about?

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K.a.Velappan v. Gnanamani Ammal Chatrum

Case brief

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