K.Surendra Babu v. Sri Chinni Subbiah Chetty

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2021

CORAM

THE HON'BLE Mrs. JUSTICE S.KANNAMMAL and C.M.P.No.6841 of 2017 K.Surendra Babu ... Petitioner Vs.

1.Sri Chinni Subbiah Chetty Charities represented by its Trustees i)K.Parthasarathy (deceased) ii)V.Subramanian iii)K.Raju Sri Chennakesava Perumal Temple No.84, Devaraja Mudali Street, Madras-600 003.

iv)S.Purushothamman(deceased) v)S.Krishnan(deceased) 2.S.Visagam @ Visalakshi 3.R.Venkatesan 4.G.Kokila ... Respondents Prayer: The Civil Revision Petition filed under Section 115 of Civil Procedure Code against the Order dated 18.02.2016 made in E.A.No.3202 of 2015 in E.P.No.2234 of 2002 in O.S.No.1242 of 1983 on the file of the X Assistant Judge, City Civil Court, Chennai.

For Petitioner : Mr.R.Sankarasubbu For R1 : Mr.K.Hariharan For R2 : Insufficient Address 1/4

For R3 & R4 : Given up

ORDER

(Heard through video conferencing) This Civil Revision Petition has been filed seeking to set aside the Order passed in E.A.No.3202 of 2015 in E.P.No.2234 of 2002 in O.S.No.1242 of 1983 by the X Assistant Judge, City Civil Court, Chennai dated 18.02.2016.

2. The learned counsel for the respondents submitted that nothing survives in this civil revision petition as of now and the petition has become infructuous, since the suit was decreed in the year 2001. There was a first appeal and second appeal which all went against the tenant and the present petitioner is the purchaser from one of the tenants and he is no more. He filed a separate suit that was also dismissed. It is further submitted that delivery has been ordered. Delivery of the property was taken by the respondents on 21.09.2016 and EP was dismissed on 23.09.2016.

3. In view of the submission made by the learned counsel for the respondents, this Civil Revision Petition is dismissed as infructuous. No costs. Connected civil miscellaneous petition is closed. 05.08.2021 mpa 2/4

To 1.The learned X Assistant Judge, City Civil Court, Chennai 2.The Section Officer, V.R.Section, High Court, Madras.

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