B. Gunasekarn v. G. Selvarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2019

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA CRP.NPD.No.1222 of 2012 and MP.No.1 of 2012 B.Gnanasekaran ... Petitioner vs.

1.G.Selvarajan 2.P.Balakrishnan ...Respondents PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the fair and decreetal orders dated 06.04.2010 in EA.No.61 of 2009 in EP.No.1 of 2006 in OS.No.253 of 1992 on the file of the Subordinate Judge, Kancheepuram.

For Petitioner : Mr.R.Thanjan For Respondents : No appearance

O R D E R

The civil revision petitioner is the petitioner in EA.No.61 of 2009 in EP.No.1 of 2006 in OS.No.253 of 1992 on the file of the Subordinate Judge, Kancheepuram. The civil revision petitioner filed the above petition under Order XXI Rule 58 of Code of Civil Procedure to raise the order of attachment dated 04.01.2006 passed in EP.No.1 of 2006 in OS.No.253 of 1992 on the file of the Subordinate Judge, Kancheepuram. The main contention of the civil revision petitioner is that the petition mentioned property is his ancestral property and therefore it cannot be attached. The learned Subordinate Judge, Kancheepuram after analysing the records, dismissed the application on 06.04.2010. Aggrieved over the same, the petitioner has filed the present Civil Revision Petition under Section 115 of Code of Civil Procedure.

2. A perusal of the records shows that the petition mentioned property in OS.No.253 of 1992 was not attached. Furthermore, the learned Subordinate Judge, Kancheepuram in his orders dated 06.04.2010 has clearly mentioned that there is no order of attachment in EP.No.1 of 2006 in OS.No.253 of 1992.

3. In the facts and circumstances, the present Civil Revision

Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

23.07.2019 mbi Index : Yes/No To The Subordinate Judge, Kancheepuram R.HEMALATHA, J.

mbi CRP.NPD.No.1222 of 2012 and MP.No.1 of 2012 23.07.2019