Ayyanar,S/O.Ayyamperumal v. Kaliammal (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(PD).No.4736 of 2015 and M.P.No.1 of 2015 Ayyanar ..Petitioner Vs.

Kaliammal (Deceased 1st plaintiff) 1.D.Maheswari 2.Gemini 3.Pallipattykarammal 4.Palani 5.Ashok ..Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and final order dated 20.10.2014 made in I.A.No.807 of 2013 in O.S.No.1012 of 2004 on the file of the I Additional District Munsif Court, Salem.

For Petitioner : No appearance For Respondents : Mr.R.Nalliappan for R1 R2 to R5 - given up

O R D E R

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This Civil Revision Petition is directed as against the fair and decreetal order passed in I.A.No.807 of 2013 in O.S.No.1012 of 2004 on the file of the I Additional District Munsif Court, Salem, thereby dismissing the petition to condone the delay of 1489 days to set aside the exparte decree.

2. The learned counsel for the 1st respondent would submit that now the decree has been executed by passing final decree and in the Execution Petition, the delivery of possession also taken by the respondent, hence, nothing survives in this Civil Revision Petition.

3. In view of the above submission, this Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

07.01.2021 dsa Speaking/Non-speaking order Index : Yes/No Internet : Yes/No 2/4

To The I Additional District Munsif, Salem.

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G.K.ILANTHIRAIYAN,J.

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