Madras High CourtCRP/2719/2012dismissed as infructuous

M.Kandhasamy v. K.Kandhasamy

2016-09-30Honourable Mr Justice T.Mathivanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.09.2016

CORAM

THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.R.P.PD.No.2719 of 2012 and M.P.No.1 of 2012 M.Kandhasamy ...

Petitioner - Vs - K.Kandhasamy ... Respondent Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India against the Order dated 04.08.2011 and made in I.A.No.2222 of 2010 in O.S.No.653 of 2008, on the file of the Principal District Judge, Coimbatore.

For Petitioner : M/s.D.Balachandran For Respondent : Mr.S.Saravanan

O R D E R

The petitioner herein has preferred this Civil Revision Petition against the order dated 04.08.2011 and made in I.A.No.2222 of 2010 in the suit in O.S.No.653 of 2008, on the file of the Principal District Judge, Coimbatore, Coimbatore District. It is relevant to note here that subsequent to the filing of the above said application, the decree was executed and the property was also brought for sale and in consequence there of the sale was confirmed on 30.03.2016. The learned counsel has therefore submitted that nothing survives in the revision for further adjudication and as such the revision petition might be dismissed as infructuous.

2. The respondent has also produced a xerox copy of the order passed by the Executing Court and the said order reveals that the property was sold for a sum of Rs.35,45,000/- and for confirmation of sale the Execution Proceeding was listed on 30.03.2016. On the said date, the Executing Court had passed

an order saying that on entire sale deposit, the Execution Proceeding was closed and the sale certificate was ordered to be issued. The submission made by the learned counsel for the petition is recorded.

3. In view of the above, this Civil Revision petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

30.09.2016 Index:Yes / No Internet:Yes / No ub To The Principal District Judge, Coimbatore, Coimbatore District.

T.MATHIVANAN, J ub C.R.P.PD.No.2719 of 2012 and M.P.No.1 of 2012 30.09.2016 http://www.judis.nic.in