D. Parvathi v. Kanniyappan (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI and C.M.P.No.4850 of 2023 D.Parvathi ...

Petitioner -VsKanniyappan (Deceased) 1.Venkammal 2.Narassammal 3.Tamil Nadu Slum Clearance Board Rep.by its Chairman, No.5, Kamarajar Salai, Chennai-5.

...

Respondents Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the petition and order dated 15.11.2022 made in E.P. No.633 of 2016 in O.S. No.1398 of 2005 on the file of XXV Assistant Judge, City Civil Court, Chennai. 1/4

For Petitioner : Ms.G.Selvi George For Respondents : Mr.T.M.Pappiah - for R1 Mr.S.Karthikeyan - for R3 No appearance - for RR 2

ORDER

Challenging the impugned order passed in E.P.No.633 of 2016 in O.S.No. 1398 of 2005 passed by the learned XXV Asst. Judge, City Civil Court, Chennai, the Revision Petitioner/third party preferred this Civil Revision Petition.

2. According to the Revision Petitioner, the suit property is not correct one. Against which, she is having interest over the same. But, as on date, she has filed an obstruction petition before the Executing Court and its SR. No. is 8648, which is yet to be numbered and the same is not taken on file. So, she has to work out her remedy before the Executing Court. Accordingly, this Civil Revision Petition is dismissed. However, liberty is granted to the Revision Petitioner to work out her remedy before the Executing Court. Furthermore, the Executing Court is directed to dispose 2/4

the application within a period of two months from the date of receipt of copy of this order. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

30.11.2023 Index : Yes/No Speaking Order : Yes/No rpp To The XXV Assistant Judge, City Civil Court, Chennai 3/4

T.V.THAMILSELVI, J.

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