C.Balu @ Chinnasamy v. Syed Vikram Bai @ Syed Ikramullah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.No.2203 of 2019 and C.M.P.No.14297 of 2019 C.Balu @ Cinnasamy ..Petitioner

Versus

1.Syed Vikram Bai @ Syed Ikramullah 2.Bhuvaneswari 3.Manivannan 4.Saravanan ..Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal District Judge at Krishnagiri to take file of the application filed by the petitioner in I.A.SR.No.8498/2018 in O.S.No.21/2010 and dispose of the same.

For Petitioner : Mr.A.Prabhakaran

ORDER

The Civil Revision Petition has been filed as against the returned endorsement made in I.A.SR.No.8498/2018 in O.S.No.21/2010 on the file of the Principal District Judge at Krishnagiri, thereby returned the petition filed seeking to set aside the exparte decree.

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2. The petitioner is a third party in the suit filed by the first respondent herein as against the respondents 2 to 4 for specific performance on the strength of the sale agreement dated 29.04.2009. The respondents 2 to 4 herein were set exparte and the exparte decree was passed in OS.No.21/2010. Thereafter, an Execution Petition in E.P.No.59/2012 was filed by the first respondent. The said Execution Petition was allowed and the subject sale deed was executed in favour of the first respondent on 20.10.2014 and the possession was also delivered on 07.10.2016 and thereafter, the said Execution Petition was terminated. Hence, the Court below rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the Court below.

3. In view of the above, the civil revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12.12.2022 Speaking/Non-speaking order Index : Yes/No dhk To The Principal District Judge, Krishnagiri 2/3

G.K.ILANTHIRAIYAN.

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