Madras High CourtCRP(MD)/75/2018disposed of

V.S.P.Sivan, v. Balashanmugam,

2018-03-27Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2018

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.75 of 2018 (PD) and C.M.P.(MD).No.340 of 2018 1.V.S.P.Sivan 2.V.S.P.Balashanmugam 3.V.S.P.Murugan 4.Muthurakku 5.Sundaravalli ..Petitioners/Respondents/Judgment Debtors Vs.

1.Balashanmugam 2.Muthurakku 3.Suriyagandhi Rethinammal (Died) 4.Annamalai 5.Sivalingam 6.Muthuramalingam ... Respondents 1 to 6/Petitioners/ Decree Holder V.Subramanian Servai (died) V.S.Periyasamy Servai (died) Arumugam (Died) 7.Ramachandran 8.K.Krishnammal 9.K.Saradhamaniammal 10.S.Kasi Servai 11.Kothaiammal 12.Pushparajamani

13.Aru.Visalatchi 14.Aru.Andisamy 15.Aru.Ganapathy 16.Aru.Mohan 17.Aru.lakshmi 18.Aru.Malliga 19.Aru.Selvi 20.Panchavarnam .. Respondents 7 to 20 / Respondents / Judgment Debtors PRAYER: Petition filed under Section 115 of the Code of Civil Procedure, against the fair and decreetal order, dated 08.12.2017, made in E.P.No.01 of 2014 in O.S.No.321 of 1982 by the learned District Munsif, Sivagangai.

For Petitioners : Mr.S.Ramesh For respondents 1 to 6 : Mr.N.Satheesh Kumar For 8th respondent : Mr.H.Lakshmi Shankar For respondents 10 to 20 : No appearance

ORDER

When the matter came up for hearing today, it is represented by the learned counsel appearing for both sides that this civil revision petition has been filed by the revision petitioners / Judgment debtors, as against the order of delivery passed in the execution petition, stating that during the pendency of second appeal, the order of delivery ought not to have been passed and now, in view of the disposal of the second appeal itself by this Court, the civil revision petition has become infructuous, The said statement is recorded.

2. In view of the above, this civil revision petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar

To The District Munsif, Sivagangai.

+1CC to Mr.N.Satheesh Kumar, Advocate, SR.No. 58223 C.R.P.(MD)No.75 of 2018 (PD) 27.03.2018 gcg AM/KKR/SAR 3/25.04.2018/3P/3C