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Madras High CourtCRP/4190/2022disposed of

K.Narayanan v. Rajpunnisa

2022-12-23Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.Narayanan ..

Petitioner vs

1. Rajpunnisa

2. Meharajan Begum ..

Respondents Prayer: Petition filed under Article 227 of the Constitution of India praying to direct the LD. XXVII Assistant City Civil Court, Chennai to set aside the docket orders dated 17.11.2022 in respect of the Execution Petition EP.No.2770 of 2018 in accordance with law.

For Petitioner :

Ms.A.Ayesha Parveen For Respondents :

Mr.B.Vijay for Ms.S.Mohamed Uduman

ORDER

The civil revision petition has been filed to direct the XXVII Assistant City Civil Court, Chennai to set aside the docket orders dated 17.11.2022 in respect of the Execution Petition EP.No.2770 of 2018 in accordance with law.

2. The learned counsel appearing on behalf of the respondents filed an affidavit stating that the respondents took possession of the subject premises with the assistance of the Execution Court.

3. The affidavit filed by the respondents is extracted hereunder: "4. I state that the Execution Court on 16.12.2022 has ganted police assistance and directed the Court Ameen to execute the warrant returnable by 24.01.2023. The Execution Court Ameen has taken absolute possession of the suit schedule property on 22.12.2022 with the assistance of the jurisdictional police. Consequently, the Court Ameen has handed over and delivered vacant possession of suit schedule property of the Decree holder. The Decree holder has taken possession of the property pursuant to the Execution of Delivery of warrant on the same day. The Court Ameen has taken possession of the property by duly complying with procedure contemplated under the Code of Civil Procedure. I crave leave of this Honourable Court may record this affidavit and dismiss the Civil Revision Petition as infructuous."

4. In view of the fact that the respondents have taken possession of the subject property, no further adjudication is needed to be undertaken in respect of the ground raised in this writ petition.

5. Accordingly, the revision petition stands disposed of. There will be no order as to costs.

23.12.2022 Index : Yes Speaking order drm To 1.The XXVII Assistant City Civil Court, Chennai.

S.M.SUBRAMANIAM, J.

(drm) 23.12.2022