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Madras High CourtCMP(MD)/385/2019dismissed

Mariyammal v. Kuppayee(Died)

2023-02-13Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR in C.R.P(MD)SR.No.987 of 2019 C.M.P(MD)No.385 of 2019:

Mariyammal ... Petitioner/Petitioner Vs.

Kuppayee (Died) 1.Periyakkal 2.Sankar 3.Arumugam 4.Sekar 5.Mohan Veeramalai (Died) 6.Nallammal 1/5

Sevthamani (Died) 7.Chinnakalai @ Perumal 8.Jaganathan 9.Ravi ... Respondents/Respondents PRAYER : Civil Miscellaneous Petition is filed under Section 5 of Limitation Act, to condone the delay of 174 days in filing the above Civil Revision Petition in C.R.P(MD)SR.No.987 of 2019. For Petitioner : Mr.J.Anand Kumar C.R.P(MD)SR.No.987 of 2019:

Mariyammal ... Petitioner/Petitioner Vs.

Kuppayee (Died) 1.Periyakkal 2.Sankar 3.Arumugam 4.Sekar 5.Mohan Respondents/Respondents 1-6 2/5

Veeramalai (Died) 6.Nallammal Sevthamani (Died) 7.Chinnakalai @ Perumal 8.Jaganathan 9.Ravi ... Respondents/Respondents 1-3 & 5-7 PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order dated 10.04.2018 made in E.A.No.90 of 2011 in E.P.No. 84 of 2006 in O.S.No.43 of 1998 on the file of the Principal District Munsif, Manapparai set aside the same and allow the present civil revision petition.

For Petitioner : Mr.J.Anand Kumar

ORDER

The present revision petition has been filed challenging an order passed in E.A.No.90 of 2011 in E.P.No.84 of 2006 in O.S.No.43 of 1998. The revision has been filed with a delay of 174 days. 3/5

2. According to the learned counsel appearing for the petitioner, the decree has already been executed and execution petition has also been terminated. Therefore, nothing survives to be adjudicated in this petition. Hence, C.M.P.No.385 of 2019 is dismissed and consequentially, C.R.P(MD)SR.No.987 of 2019 also stands dismissed. No costs. 13.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Principal District Munsif, Manapparai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in 13.02.2023 5/5