Madras High CourtCRP/4167/2015dismissed as infructuous

The Special Tahsildar (La) v. G.Chandrasekhar

2015-12-07Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2015

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.4167 of 2015 & M.P. No.1 of 2015 The Special Tahsildar Land Acquisition (Unit III i/c) Tamil Nadu Housing Board Chennai.

... Petitioner v.

G.Chandrasekar ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 30.04.2015 made in E.P.No.4 of 2004 in L.A.O.P.No.70 of 1985 o the file of City Civil Court (VI Assistant Judge), Chennai.

For Petitioner : Mr.M.Venugopal Govt. Advocate For Respondent : Mr.S.Anbazhagan

O R D E R

Challenging the order passed in E.P.No.4 of 2004 in L.A.O.P.No.70 of 1985 on the file of VI Assistant Judge, City Civil Court, Chennai, the judgment debtor has filed the above Civil Revision Petition .

2. By order dated 30.04.2015, the Trial Court, recording the calculation memo filed by the decree holder, directed the judgment debtor to deposit a sum of Rs.52,54,184/- as on 10.04.2015 on or before 01.07.2015 and made it clear that failure to deposit the said amount, suitable orders will be passed.

3. Now, it is brought to the notice of this court by the learned counsel for the respondent-decree holder that the Execution Court had already ordered attachment by 14.09.2015 and that the decree holder paid the batta. The learned counsel also produced the certified copy of the order dated 18.08.2015 passed in E.P.No.4 of 2004

4. The learned Special Government Pleader appearing for the judgment debtor-revision petitioner also submitted that the Execution Court ordered attachment on 18.08.2015 .

5. In view of the submissions made by the learned counsel on either side, I am of the view that the Civil Revision Petition filed as against the order dated 30.04.2015 has become infructuous. Accordingly, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Index : No 07.12.2015 Note : Issue copy of the order by 10.12.2015 Rj To The VI Assistant Judge, City Civil Court, Chennai,

M. DURAISWAMY,J., Rj C.R.P.(NPD)No.4167 of 2015 & M.P. No.1 of 2015 07.12.2015