Krishnan (Died) Ellammal (Died) 1. Asaithambi v. Chinnammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.01.2025

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR C.R.P.[NPD]No.182 of 2025 Krishnan (Died) Ellammal (Died) Asaithambi .. Petitioners Vs.

Chinnammal .. Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 13.12.2024 passed in REA Sr.No.4325 of 2024 in REP No.10 of 2007 in O.S.No.130 of 1997 on the file of the District Munsif Court, Omalur.

For Petitioner : Mr.P.Mani For Respondent : Mr.T.Ganesan

ORDER

This Civil Revision Petition has been filed against the order of the Executing Court dated 13.12.2024 made in the application filed under Section 151 of the Code of Civil Procedure, to dismiss the execution petition in R.E.P.No.10 of 2007. However, the Court below returned the 1/4

said application filed under Section 151 CPC, without even numbering, on the ground that the delivery order has already been passed in the execution petition and therefore, the application filed under Section 151 CPC is not maintainable. Aggrieved over the same, the present Civil Revision Petition has been filed.

2.Since the delivery order made in the execution petition is set aside by this Court in C.R.P[NPD].No.5242 of 2024 dated 28.01.2025, the prayer in the present petition become infructuous. Hence, the present Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

28.01.2025 rst Index : Yes/No Internet: Yes/No Speaking/Non-Speaking Order To:

The District Munsif Court, Omalur.

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N.SATHISH KUMAR, J.

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