K.Baskaran v. S.Packialakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and CMP.No.25469 of 2019 1.K.Baskaran 2.World Association of Private Security Industry, Its General Secretary, C.Thiyagarajan, Old Door No.6-B, New Door No.19, Ground Floor, Balambigai Nagar, Villivakkam, Chennai-49 (second petitioner deleted vide court order dated 04.11.2019 made in CRP.SR.No.117437 of 2019) ... Petitioner Vs.

1.S.Packialakshmi 2.P.Ravikumar ... Respondents PRAYER: Civil Revision petition is filed under Article 227 of the Constitution of India praying to set aside the docket order dated 28.02.2019 in EP.No.318 of 2018 in RCOP.No.394 of 2011 on the file of the X Small Cause Court, Chennai For Petitioner : Ms.Arthi Immaculate for Mr.C.B.Murali Krishnan

ORDER

This civil revision petition has been filed challenging the docket

order dated 28.02.2019 in EP.No.318 of 2018 in RCOP.No.394 of 2011 on the file of the X Small Cause Court, Chennai.

2.

Heard, the learned counsel for the petitioner. 3.

The first respondent filed EP for eviction evicting the second respondent from the petition premises by virtue of the decree passed in RCOP.No.394 of 2011. On 28.02.2019, the execution court recorded the service of notice and ordered for delivery. Subsequently, police aid was also granted in pursuant to the report submitted by the bailiff and break open was also ordered by the execution court. The petitioner is the third party and he is neither decree holder nor judgment debtor. Therefore, he cannot challenge the order passed in the execution petition. Hence, this civil revision petition is liable to be dismissed. Accordingly, this civil revision petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 16.12.2022 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To The X Small Cause Court, Chennai 16.12.2022