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Madras High CourtCRP/2709/2025disposed of

Alameluammal v. Dahvamani

2025-11-03Honourable Mr.Justice P.B. Balaji4 pages

CRP No.2709 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No.2709 of 2025 and CMP No.15349 of 2025 Alameluammal

...Petitioner

Vs Dahvamani .. Respondent Revision filed under Section 115 of Civil Procedure Code to set aside the order of the District Munsif cum Judicial Magistrate, Portonova dated 30.04.2025 in E.A.No.1 of 2024 in E.P.No.7 of 2022 in O.S.No.181 of 1996. For Petitioner : Mr.V.Neethidurai For Respondent : Ms.S.Janani For Mr.R.Rajavelavan

ORDER

The learned counsel for the respondent states that the order dated 09.10.2025 could not been given effect to.

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2. However, the learned counsel for the petitioner states that since the order under challenge in the present revision is the order in E.A.No.1 of 2024, in and where by, the respondent sought for an amendment of the property description in the execution petition, learned counsel states that the amendment pertains to inclusion of the other properties of the judgment debtor. Now, the judgment debtor is willing to let the respondent identify the property and take over the possession viz., Item No.1 of the suit schedule property and there is no necessity for inclusion of other properties.

3. In the light of the earlier order dated 09.10.2025 as well this revision itself can be disposed of by setting aside the order in EA No.1 of 2024.

4. Accordingly, the order passed by the District Munsif cum Judicial Magistrate, Portonova in EP No.1 of 2024 in EP No.7 of 2022 in O.S.No.181 of 1996 dated 30.04.2025 is set aside and the decree holder is directed to proceed against Item No.1 of the suit schedule property alone, after identifying the property in the presence of Taluk Surveyor.

5. With the above direction, the civil revision petition is disposed of. 2/4

The order dated 09.10.2025 shall form part of this final order. No costs. Consequently, connected miscellaneous petition is closed. 03.11.2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr To The District Munsif cum Judicial Magistrate.

Portonova 3/4

P.B.BALAJI.,J sr CRP No.2709 of 2025 03.11.2025 4/4