Muthu v. Ashok Leyland Employees

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.R.P.(PD).No.764 of 2020 and C.M.P.No.4061 of 2020 1.M.Muthu 2.Sivasankar 3.V.Krishnan 4.K.Jeyakumar 5.R.Kaliammal 6.A.Manickam 7.K.Sasikumar 8.K.Seenivasan 9.M.Sahul Hameed 10.K.Selvaraj 11.K.Govindaraj 12.V.Balu 13.A.Mukundan 14.B.Radhakrishnan 15.M.Revathi 16.A.Murugesan 17.S.Leemarose 18.F.Vincent 19.N.Meera 20.M.Amsa 21.E.Ramesh 22.M.Karunakaran 23.Deviprasad 24.S.Sasikala 25.R.Vijayalakshmi ... Petitioners 1/6

Vs.

1.Ashok Leyland Employees Co-operative Industrial Housing Society, Represented by its President Mr.N.Nachimuthu 2.The Chairman, Tamil Nadu Slum Clearance Board, Chennai.

3.P.Anbarasi 4.R.Murali ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decretal order dated 17.10.2019 made in E.A.No.3 of 2019 in E.A.No.58 of 2015 in E.P.No.40 of 2000 passed by the District Munsif Court, Thiruvottiyur and consequently allow the E.A.No.3 of 2019 in E.A.No.58 of 2015 in E.P.No.40 of 2000 by allowing the above Civil Revision Petition.

For Petitioners : Mr.R.Munuswamy For Respondents :M/s.S.N.Ravichandran for R1 M/s.S.Karthikeyan Senior Counsel for TNSCB for R2 R3 and R4 left 2/6

O R D E R

This Civil Revision Petition is filed challenging the order passed by the Executing Court dismissing E.A.No.3 of 2019 filed to re-open in E.A.No.58 of 2015.

2. The learned counsel appearing for the respondents submits that E.A.No.58 of 2015 was already allowed and challenging the same, the revision petitioners filed CMA.No.12 of 2019 on the file of the Subordinate Court, Ponneri. It is also brought to the notice of this Court that CMA.No.12 of 2019 has been transferred as re-numbered as CMA.No.12 of 2023 on the file of Subordinate Court, Thiruvottiyur.

3. In view of the fact that E.A.No.58 of 2015 was already disposed of nothing survives in this revision and the same is dismissed as infructuous with liberty to raise all the objections in the pending Civil Miscellaneous Appeal before the Subordinate Court, Thiruvottiyur. 3/6

4. Accordingly, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

08.01.2024 Index : Yes / No Speaking order : Yes / No : Yes / No ub 4/6

To The District Munsif Court, Thiruvottiyur.

5/6

S.SOUNTHAR, J.

ub 08.01.2024 6/6