Civil revision petitions under Section 115 CPC challenged an execution court order. The respondent's counsel informed that delivery was recorded and the execution proceeding terminated on 21.12.2023, rendering the petitions infructuous; the Court dismissed them for default with no costs and closed connected miscellaneous petitions.
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C.R.P(MD).Nos.1670 and 1674 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.11.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)Nos.1670 and 1674 of 2022 and C.M.P.(MD)Nos.7341 and 7355 of 2022
K.Murugan
... Petitioner / Defendant
in both CRPs
Vs
V.K.Marimuthu ... Respondent / Plaintiff in both CRPs
Common Prayer : Civil Revision Petitions are filed under Section 115 of Civil Procedure Code to set aside the fair and decreetal order dated 20.06.2022 made in E.A.Nos.7 and 8 of 2022 in E.P.No.23 of 2020 in O.S.No.148 of 2012 on the file of the learned Subordinate Court, Theni by allowing this Civil Revision Petition.
For Petitioner : No appearance
For Respondent : Mr. R.Murali
in both CRPs
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C.R.P(MD).Nos.1670 and 1674 of 2022
COMMON ORDER
When the matters came up for hearing, learned counsel for the respondent would submit that delivery has been recorded and the execution proceeding has been terminated on 21.12.2023 itself. Therefore, the prayer in these civil revision petitions have become infructuous.
default. No costs. Consequently, connected miscellaneous petitions stand closed.
11.11.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn
To
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C.R.P(MD).Nos.1670 and 1674 of 2022
G.ILANGOVAN, J.
pnn
ORDER IN C.R.P(MD)Nos.1670 and 1674 of 2022 and C.M.P.(MD)Nos.7341 and 7355 of 2022
11.11.2024
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1 issue framed by the court
Whether the civil revision petitions challenging the execution court order survive when the execution proceeding itself has been terminated?
1 provisions across 1 enactments
K.Murugan
V.K.Marimuthu
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
