← Library
Madras High CourtCRP/2317/2023dismissed as infructuous

Pappammal @ Jayalakshmi (Died) 1.Saraswathi v. Jayalakshmi

2024-02-26Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.2317 of 2023 and CMP No.14068 of 2023 Pappammal @ Jayalakshmi (died) Saraswathi ... Petitioner /vs/ Jayalakshmi ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 01.03.2023 passed in E.A.No.1/2021 in E.P.No.5/2020 in O.S.No.67/2006 on the file of the District Munsif Court, Ponneri.

For Petitioner ... Mr.S.Vinoth Kumar For Respondent ... Mr.S.Varadarajan for M/s Ram Rajan Associates

ORDER

The petitioner herein has filed the above E.A.No.1/2021 in E.P.No.5/2020, before the executing court to stay the execution proceedings of the judgment and decree passed in O.S.No.67/2006, till the disposal of the appeal in A.S.No.2/2022, on the file of the the III Additional Subordinate Judge, Ponneri. The above application was dismissed by the Executing court and challenging the same, the present civil revision petition has been filed.

2. Today, the learned counsel for the respondent submitted that as against the decree and judgment passed in O.S.No.67/2006, dated 19.03.2020, the petitioner has filed the above appeal in A.S.No.2/2022 before the III Additional Subordinate Judge, Ponneri and it was dismissed on 31.01.2024 and to that effect, he has also produced the daily status of A.S.2/2022, dated 31.01.2024. He further submitted that, inview of the above, the civil revision petition has become infructuous and nothing survives for further adjudication.

3. Recording the submission made by the learned counsel for the respondent, this civil revision petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 26.02.2024 Index : Yes/No Internet : Yes/No mst To The District Munsif, Ponneri.

V.SIVAGNANAM ,J.

mst 26.02.2024