M.Subramani v. S.A.Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.07.2016 Coram The Hon'ble Mr.Justice M.DURAISWAMY CRP(NPD)NO.2438 of 2015 and M.P.No.1 of 2015

1. M.Subramani

2. V.Gunalan 3.V.Rajini

4. Lakshmi

...Petitioners

Vs

1. S.A.Kumar

2. A.Jeyanthi ... Respondents Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the order dated 08.01.2015 passed in REP No.122 of 2013 in O.S.No.599 of 2010 on the file of the I Additional Subordinate Judge, Salem.

For Petitioners : Mr.P.Jagadeesan For Respondents : Mr.T.Sezhian

O R D E R

The Civil Revision Petition has been filed by the Judgment Debtors challenging the order passed in R.E.P.No.122 of 2013 in O.S.No.599 of 2010 on the file of the I Additional Subordinate Court, Salem.

2. The respondents/decree holders obtained a decree in O.S.No.599 of 2010 for declaration and recovery of possession. Pursuant to the decree granted in O.S.No.599 of 2010, the respondents have filed Execution Petition in R.E.P.No.122 of 2013. By order dated 08.01.2015, the Executing Court, allowed the Execution Petition and ordered delivery by 20.04.2015. Challenging this order, the Judgment Debtors have filed the above Civil Revision Petition.

3. When the matter is taken up for hearing, the learned counsel for the respondents/decree holders submitted that the respondents have taken delivery of the suit property and the same was also recorded and the E.P. was also terminated.

4. In view of the submission made by the learned counsel for the respondents, I am of the view that nothing survives for adjudication in the Civil Revision Petition. Accordingly, the Civil Revision Petition stands dismissed. No costs. Connected miscellaneous petition is closed. 28.07.2016 rg To I Additional Subordinate Judge, Salem.

M.DURAISWAMY,J rg CRP.(NPD)NO.2438 of 2015 28.07.2016