Madras High CourtREV.APLC(MD)/44/2020dismissed as infructuous

Jailani v. M.Gregory Retnaraj

2025-11-19Honourable Mr Justice P.Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN REV.APLC(MD)No.44 of 2020 in C.R.P(NPD)(MD)No.303 of 2020 and C.M.P(MD)No.3775 of 2020 Jailani ... Petitioner/Respondent .Vs.

M.Gregory Retnaraj ... Respondent/Petitioner PRAYER: Review Petition filed under Order 47 Rule 1 and 2 r/w Section 114 of Civil Procedure Code praying this Court to review the order of this Court made in C.R.P(NPD)(MD)No.303 of 2020, dated 9.3.2020. For Petitioner : Mr.Ananth C.Rajesh

O R D E R

This Review Petition is filed to review the order of this Court made 1/4

in C.R.P(NPD)(MD)No.303 of 2020, dated 9.3.2020. 2.Heard the learned counsel appearing for the Petitioner and perused the materials placed before this Court.

3.This Court, while disposing of the above CRP(NPD)(MD)No.303 of 2020, passed the order as hereunder:

''2.The learned counsel for the Petitioner seeks adjournment. But, this Court is not inclined to grant adjournment, since the suit is pending from 1995 and the records show that the appeal filed by the plaintiff was allowed and he has also got the sale deed registered through the Court and thereafter, he filed the execution Petition for delivery of possession based on the sale deed document NO.3647 of 2015, Since the Execution Petition is filed only for delivery based on the decree passed by the appellate Court and the sale deed executed by the Court in favour of the respondent/Plaintiff and the Execution Court has also considered all the facts and ordered for delivery, this Court does not find any merit in the case, except the fact that the Petitioner is successfully protracting the case for 25 years an still she wants to protract and evade delivery of possession. Under these circumstances, this Court finds no perversity in the order passed by the Execution Court in E.P.No.45 of 2018.There is no merit in 2/4

the revision and the same is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, C.M.P.NO.1754 of 2020 is closed.'' 3.On verification, execution Petition in E.P.No.45 of 2018 in O.S.No. 131/1995, on the file of Sub-Court, Valliyoor was disposed of on 30.09.2021 and delivery recorded and E.P terminated. In view of the same nothing survives for further adjudication in this Review Petition. 4.Accordingly, the Review Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. 19.11.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 3/4

P.VELMURUGAN, J.

vsn ORDER MADE IN REV.APLC(MD)No.44 of 2020 in C.R.P(NPD)(MD)No.303 of 2020 and C.M.P(MD)No.3775 of 2020 19.11.2024 4/4