Sathya v. Periyasamy (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Tr.C.M.P.No.310 of 2023 and C.M.P. No.6914 of 2023 Sathya .. Petitioner Vs.

Periyasamy (Died) 1.Angathal

2. Venkatachalam 3.Jayakodi .. Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to order withdrawal of the execution petition in E.P. No.42 of 2017 from the file of Subordinate Judge of Dharapuarm and to transfer the same to some other sub-Court of Tiruppur with a direction to try the same.

For Petitioner :Mr.C.Deivasigamani For Respondents :Mrs.R.Shasi for Mr.M.Guruprasad Page No.1/4

O R D E R

This petition is filed seeking to withdraw and transfer E.P.No.42 of 2017 from the file of Subordinate Court, Dharapuarm and transfer the same to some other Court at Tiruppur.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. During the pendency of this petition, this Court had directed the concerned Subordinate Judge, Dharapuarm to send a report in respect of the proceedings in E.P. No.42 of 2017. The learned Subordinate Judge, Dharapuarm has sent a report dated 14.06.2023 stating that the delivery of possession has already been effected on 01.04.2023 by the process of the Court and the entire execution proceedings was terminated on 11.04.2023.

4. Since the Execution proceeding had already been terminated, the prayer sought for transfer of the proceedings in E.P. No.42 of 2017 does not survive, therefore this Civil Revision Petition has become infructuous.

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5. Accordingly, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed 15.06.2023 dsa Index : Yes/ No Internet : Yes/ No : Yes/ No Speaking Order/ Non-Speaking Order To

1. The Subordinate Judge of Dharapuram

2. The Sub- Judge, Tiruppur.

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Dr.D.NAGARJUN,J.

dsa Tr.C.M.P.No.310 of 2023 15.06.2023 Page No.4/4