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Madras High CourtCRP/3079/2017dismissed as infructuous

Arumugam Died v. Kandasamy

2021-08-31Honourable Mrs Justice S.Kannammal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2021

CORAM:

THE HONOURABLE MRS. JUSTICE S. KANNAMMAL C.R.P.(NPD).No. 3079 of 2017 and C.M.P.NO 14411 of 2017 Arumugam (Died)

1. Padma

2. Minor Amuthan

3. Minor Anandhan (2 and 3 are minors rep. by their Guardian and next friend mother Padma) ... Petitioners

Versus

1. Kandasamy

2. Senthamizhselvan ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the decree and judgement passed by the Hon'ble SubJudge, Neyveli dated 06.06.2017 made in E.P.No.82 of 2016 in O.S.No.29 of 2013 on the file of Subordinate Court, Neyveli, Cuddalore District. For Petitioners :

No Appearance For Respondents :

M/s. G. Vijayakumar Counsel for Caveator 1 / 4

ORDER

(The Case has been heard through Video Conference) This Civil Revision Petition was filed, praying to set aside the decree and judgement passed by the learned Sub-Judge, Neyveli dated 06.06.2017 made in E.P.No.82 of 2016 in O.S.No.29 of 2013 on the file of Subordinate Court, Neyveli, Cuddalore District.

2. The learned Counsel for the respondents present in the court through virtual mode. There was no representation for the petitioners. Even on last hearing, there was no representation on the side of the petitioners.

3. It is represented by the learned Counsel for the respondents that he is the decree holder and the garnishee deposited the entire decretal amount to the credit of E.P. and consequently, E.P. was also terminated and this petition has become infructuous.

4. In view of the submissions made by the learned counsel appearing for the respondents that the entire decretal amount has been deposited to the 2 / 4

Court and E.P. has been terminated, nothing survives in this Civil Revision Petition and the same is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs.

31.08.2021 gbi/gba Speaking Order : Yes/No Index :Yes/No To The Subordinate Judge, Neyveli, Cuddalore District.

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S. KANNAMMAL, J., gbi/gba C.R.P.(NPD).No. 3079 of 2017 31.08.2021 4 / 4