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Madras High CourtCRP/1608/2025allowed

Ganapathi v. Senthilkumar

2025-11-04Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2025

CORAM

THE HONOURABLE Mr.JUSTICE P.B. BALAJI C.R.P(NPD)No. 1608 of 2025 and C.M.P.No.9311 of 2025 Ganapathi

...Petitioner

-vs1. Senthilkumar 2.Elamurugan [R2 impleaded vide court order dated 15.10.2025 made in C.M.P.No.17704 of 2025 in C.R.P.No.1608 of 2025] ...Respondents PRAYER: Civil Revision Petition filed under Section 115 of the Constitution of India to set aside the fair and decretal order dated 16.06.2023 made in I.A.No.1 of 2019 in I.P.No.2 of 2011 on the file of the Subordinate Court, Rasipuram.

For Petitioner : Mr.N.Manokaran For Respondent-1: Mr.K.A.Mariappan For Respondent-2: Mr.N.Suresh 1/4

O R D E R

This Civil Revision has been filed seeking to set aside the fair and decretal order dated 16.06.2023 made in I.A.No.1 of 2019 in I.P.No.2 of 2011 on the file of the Subordinate Court, Rasipuram.

2. Pursuant to the order of this Court dated 15.10.2025, the revision petitioner has handed over two demand drafts to the auction purchaser as well as the decree holder, who are physically present before this Court. The amounts have been received in full and final settlement of the claims of the auction purchaser and the decree holder.

3. In view of the full and final settlement reached between the parties, the auction sale dated 25.04.2025 is set aside and the original proceedings in I.P.No.2 of 2011 is closed. It is open to the petitioner to communicate this order to the Sub Registrar concerned for making necessary entries in the encumbrance certificate to reflect the cancellation of the auction sale dated 25.04.2025 executed by the official assignee. Accordingly, this civil revision petition is disposed 2/4

of. No costs. Consequently, connected miscellaneous petition is closed.

04.11.2025 Index : Yes/No Speaking Order : Yes / No srn To The Subordinate Court, Rasipuram.

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P.B. BALAJI, J, srn and C.M.P.No.9311 of 2025 04.11.2025 4/4