D.Murugadoss v. M.Govindhasamy (Died)1.1. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.No.3288 of 2024 and CMP No.17573 of 2024 D.Murugadoss .... Petitioner vs M.Govindhasamy (Died)

1. The Commissioner, Nagapattinam Municipality, Nagapattinam.

2. Dhanalakshmi 3.Sujithran 4.Dhatchaniya 5.Srivaran ... Respondents Revision filed under Article 227 of the Constitution of India against the orer date 25.06.2024 made in unnumbered EA .. of 2024 in E.P.No.4 of 2012 in O.S.No.310 of 2005 on the file of District Munsif Court, Nagapattinam. For Petitioner :

Mr.M.S.Palaniswamy For Respondents :

R.1 to R.3 & R.5 - No appearance R.4 - Not ready in notice

ORDER

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Heard the learned counsel for the revision petitioner/judgment debtor.

2. The respondents, despite service of notice, have not chosen to appear either in person or through counsel.

3. Learned counsel for the petitioner would firstly contend that the execution petition itself was dismissed on 26.08.2025 and secondly, learned counsel would invite my attention to the order of this Court in CRP No.3965 of 2016 dated 09.08.2024 where, this Court directed a Senior Advocate to be appointed as the Commissioner to oversee the delivery to be effected by the Amin.

4.Learned counsel for the petitioner would state that in pursuance of the said order, the Commissioner was appointed and at the time of attempting delivery, it was noticed that there was no encroachment made by the revision petitioner.

5. In view of the above and also considering the fact that E.P.No.4 of 2012 has been dismissed on 26.08.2025, nothing survives for consideration in this revision.

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6. In the result, the civil revision petition is dismissed. It is open to the revision petitioner to revive his revision in the event of the respondents/decree holders choosing to restore the Execution Petition. No costs. Consequently, connected miscellaneous petition is closed. 16.10.2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr To The District Munisf Court, Nagapattinam 3/4

P.B.BALAJI.,J sr CRP No.3288 of 2024 16.10.2025 4/4