Madras High CourtCRP/2306/2015dismissed as infructuous

The Special Tahsildar(La-2) v. Saradha(Died)

2020-12-07Honourable Mr Justice P. Rajamanickam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM C.R.P(NPD).No.2306 of 2015 and M.P.No.1 of 2015 The Special Tahsildar (LA-2) Tamil Nadu Housing Board Schemes, Nandanam, Chennai 35.

... Petitioner Vs.

Saradha (Died) 1.Seetha 2.Elumalai ... Respondents Prayer: Civil Revision Petition is filed under Section 115 of the Constitution of India, against the order dated 10.03.2014 made in E.P.No.14 of 2011 in LA.O.P.No.2 of 1988 on the file of the Sub-Court, Poonamallee.

For Petitioner : Mr.A.Ansar Government Advocate (C.S.) For Respondents : No appearance 1/4

ORDER

This Civil Revision Petition has been filed by the judgment debtor/respondent against the order passed by the Sub-Judge, Poonamallee, in E.P.No.14 of 2011 dated 10.03.2014.

2. The respondents herein had filed an execution petition in E.P.No.14 of 2011 in LAOP.No.2 of 1988 on the file of the Sub-Judge, Poonamallee, against the petitioner herein for realization of the award amount passed in the LAOP.No.2 of 1988 by attaching and selling the movable properties which are in the Tahsildar's Office at Poonamallee. The petitioner herein after receipt of the notice entered appearance and took time for filing counter but he did not file counter on 10.03.2014 and hence, the learned Sub-Judge by setting him ex-parte passed an order of attachment. Feeling aggrieved, the petitioner herein has filed the present Civil Revision Petition.

3. This Court by the order dated 11.11.2020 has directed the Registry to call for a report from the Executing Court with regard to the status of the E.P.No.14 of 2011. Accordingly, the Registry has called for a report from the concerned Court. The learned Sub-Judge, Poonamallee, 2/4

by the letter dated 05.12.2020 has stated that E.P.No.14 of 2011 was dismissed for default on 15.02.2016. So, as on date, no execution petition is pending and hence, this Civil Revision Petition has become infructuous.

4. Hence, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also closed.

07.12.2020 Index :Yes/No dna To The Sub-Court, Poonamallee.

3/4

P.RAJAMANICKAM.J., dna C.R.P(NPD).No.2306 of 2015 and M.P.No.1 of 2015 07.12.2020 4/4