The Madras High Court dismissed two civil revision petitions as infructuous. The respondent submitted that execution proceedings were terminated after delivery was recorded, making the prayers in the petitions no longer tenable.
Civil Revision Petitions dismissed as infructuous. No costs. Connected miscellaneous petitions 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)Nos.2550 and 2551 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.11.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)Nos.2550 and 2551 of 2022 and C.M.P(MD)Nos.12540 and 12541 of 2022
The Commissioner, Padmanabhapuram Municipality, Municipal Office, Thucklay Village, Kalkulam Taluk, Kanyakumari District. ... Petitioner / 1st Defendant
in both CRPs
Vs
1.Laila ... 1st respondent / Plaintiff 2.Prabhavathi
3.Bhagavathi 4.Jerome ... 2 to 4 respondents / Defendants 2 to 4
in both CRPs
Common Prayer : These Civil Revision Petitions are filed under Section 115 of C.P.C., Constitution of India, to set aside the fair and decreetal
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C.R.P(MD)Nos.2550 and 2551 of 2022
order dated 16.11.2022 made in E.A.Nos.3 and 4 of 2022 in E.P.No.39 of 2015 in O.S.No.383 of 2001 on the file of the Principal District Munsif Court, Padmanabhapuram and allow this revision.
For Petitioner : Mr.P.Athimoolapandian
For Respondents : Mr.V.M.Balamohan Thampi
(in both CRPs)
COMMON ORDER
These Civil Revision Petitions are filed to set aside the fair and
decreetal order dated 16.11.2022 made in E.A.Nos.3 and 4 of 2022 in E.P.No.39 of 2015 in O.S.No.383 of 2001 on the file of the Principal District Munsif Court, Padmanabhapuram and allow this revision.
the respondent would submit that the execution proceedings have been terminated after recording the delivery. Therefore, the prayer in these petitions have become infructuous.
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C.R.P(MD)Nos.2550 and 2551 of 2022
are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions stand closed.
13.11.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn
To
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C.R.P(MD)Nos.2550 and 2551 of 2022
G.ILANGOVAN, J.
pnn
ORDER IN C.R.P(MD)Nos.2550 and 2551 of 2022 and C.M.P(MD)Nos.12540 and 12541 of 2022
13.11.2024
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2 issues framed by the court
Whether the execution proceedings having been terminated after recording delivery renders the revision petitions infructuous.
Whether the time limit for filing civil revision under Section 115 of CPC was complied with.
1 provisions across 1 enactments
The Commissioner, Padmanabhapuram Municipality
Laila
Prabhavathi
Bhagavathi
Jerome
G. Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
