P.Perumal v. K.Rathinavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR CRP(NPD) No.2538 of 2025 and CMP No.14484 of 2025 P. Perumal ...

Petitioner Vs.

K. Rathinavel ... Respondent Prayer : Civil Revision petition has been filed under Section 115 of the Constitution of India to set aside the order dated 28.04.2025 passed in REP No.4 of 2024 in O.S.No.1038 of 2012 on the file of the II Additional District Munsif, Salem, by allowing this CRP. For Petitioner :

Mr. I.M.Siddartha Ramarajan

ORDER

Challenge has been made against the order of delivery passed by the II Additional District Munsif, Salem in R.E.P.No.4 of 2024 in O.S.No.1038 of 2012 dated 02.04.2025.

2. The only contention of the learned counsel for the petitioner is that 1/4

he has already filed an appeal with an application to condone the delay. In the mean time, delivery has been effected on 21.05.2025. The Execution petition also terminated and the same was reported to the Court on 20.06.2025.

3. In view of the above, nothing survives for adjudication in this Revision. Accordingly, the Civil Revision Petition is dismissed. However, in the event, the revision petitioner succeeds in the appeal, he is entitled to restitution of the property as per the decree of the Appellate Court. The learned Principal Sub Judge, Salem is directed to dispose of the I.A.No.1 of 2025 in A.S.Sr.No.14330 of 2024 as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 25.06.2025 mrp To

1. The II Additional District Munsif Court, Salem.

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2. The Principal Subordinate Court, Salem 3/4

N. SATHISH KUMAR, J.

mrp .

CRP No.2538 of 2025 25.06.2025 4/4