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Madras High CourtCRP/856/2017dismissed

The Special Tahsildar v. Govindan

2021-04-23Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2021

CORAM

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA and C.M.P. No. 4222 of 2017 The Special Tahsildar, Adi Dravidar Welfare, Taluk Office, Cuddalore.

... Petitioner -vs1. Govindan

2. Elumalai ... Respondents Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, 1950, praying to set aside the fair and decreetal order dated 06.04.2016 passed by the Principal District Munsif Court, Cuddalore in E.A. No. 382 of 2014 in E.P. No. 130 of 2010 in O.S. No. 111 of 2006. For Petitioner : Mr. Y.Aravindh Gosh, Additional Government Pleader (C.S.) For Respondents : No appearance 1/4

O R D E R

(The case has been heard through video conference) The Civil Revision Petition has been filed against the dismissal of E.A. No. 382 of 2014 in E.P. No. 130 of 2010 in O.S. No. 111 of 2006 on the file of the Learned Principal District Munsif Court.

2. This Court had earlier called for report from the Execution Court and it was reported by the Learned Principal District Munsif Court, Cuddalore that E.P. No. 130 of 2010 in O.S. No. 111 of 2006 was dismissed for default on 05.01.2017.

3. The Learned Additional Government Pleader (C.S.) appearing for the Petitioner would confirm that the Execution Petition has been dismissed for default. He would further submit that in view of the dismissal of the Execution Petition, nothing survives for adjudication in the Civil Revision Petition. However, he would pray that in the event of the Execution Petition being restored, the Petitioner may be granted liberty to file fresh Civil Revision Petition.

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4. Since E.P. No. 130 of 2010 has been dismissed for default by the Learned Principal District Munsif Court, Cuddalore, nothing survives for adjudication in this Civil Revision Petition. The Civil Revision Petition is dismissed as infructuous. In the event of the Execution Petition being restored, the Petitioner is granted liberty to file fresh Civil Revision Petition. Consequently, the connected Miscellaneous Petition is closed. No costs. 23.04.2021 vjt Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking Order To

1. The Principal District Munsif Court, Cuddalore.

2. The Special Tahsildar, Adi Dravidar Welfare, Taluk Office, Cuddalore 3/4

A.D. JAGADISH CHANDIRA, J.

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