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Madras High CourtCRP/3592/2015dismissed as infructuous

E.M.Prabudoss, v. N.Balakrishna Naidu (Died)

2018-02-12Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(NPD)No.3592 of 2015 & M.P.Nos.1 and 2 of 2015 and C.M.P.No.4491 of 2017 E.M.Prabudoss .. Petitioner Vs.

N.Balakrishna Naidu (Died) 1.N.Sakunthala 2.D.Vijayalakshmi .. Respondents PRAYER: Civil Revision Petition filed under Section 115 of C.P.C against the fair and decretal order dated 10.04.2015 made in E.P.No.4902 of 2013 in O.S.No.5848 of 2002 on the file of the X Assistant City Civil Court, Chennai.

For Petitioner : Mr.A.Thamizharasan For Respondents : Mr.A.G.Rajan

O R D E R

This Civil Revision Petition is filed against the fair and decretal order dated 10.04.2015 made in E.P.No.4902 of 2013 in O.S.No.5848 of 2002 on the file of the X Assistant City Civil Court, Chennai.

2.The petitioner is judgment debtor and respondents are decree holder in O.S.No.5848 of 2002 on the file of the X Assistant City Civil Court, Chennai. The respondents filed the said suit for recovery of money. The said suit was decreed on 03.06.2009. The respondents filed E.P.No.4902 of 2013 for attachment of the salary of the petitioner.

3.When the matter is taken up hearing, the learned counsel for the petitioner submitted that the petitioner retired on April 2017. The learned counsel for the respondents are not disputing the said fact.

4.In view of the above facts, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. It is open to the respondents to initiate further proceedings as per law.

12.02.2018 Index :: Yes/No gsa

To The X Assistant Judge, City Civil Court, Chennai.

V.M.VELUMANI, J.

gsa C.R.P.(NPD)No.3592 of 2015 & M.P.Nos.1 and 2 of 2015 and C.M.P.No.4491 of 2017 12.02.2018