Baby Kamalam v. Saroja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).No.9117 of 2025 1.Baby Kamalam 2.Kamatchi 3.Murugeshwari 4.Manimala 5.Minor Saravanakumar 6.Minor Nishanth

...Petitioners

(Minor petitioner Nos.5 and 6 are represented through their mother /next friend Manimala) Vs.

1.Saroja 2.Shanthi 3.Gowtham 4.Elavarasi

...Respondents

PRAYER: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure to call for the records relating to the fair and decreetal order passed in E.A.No.2 of 2024 in E.A.No.1 of 2024 in E.P.No.203 of 2022 in 1/4

R.C.O.P.No.212 of 2007 on the file of the III Additional District Munsif, Madurai Town, dated 13.02.2025 and set aside the same as illegal. For Petitioners : Mr.Mohamed Kadhar For R-1 : Mr.M.Thirunavukkarasu For R-2 : Mr.A.C.Ganeshan For R-4 : Mr.A.M.Devandara Singh R-3 : No Appearance * * * * *

ORDER

Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw this petition. He has also made an endorsement to that effect in the Court bundle.

2. In view of the above, this Civil Revision Petition stands dismissed as withdrawn.

3. Though the Hon'ble Supreme Court has already directed the petitioner to hand over vacant possession of the suit premises to the respondent on or before 31.10.2024, even as of today, delivery has not been effected to the decree holder, which is a serious lapse. Therefore, the order of the Hon'ble Supreme 2/4

Court dated 10.05.2024 has to be implemented in its letter and spirit. Hence, the trial Court is directed to implement the order of the Hon'ble Apex Court passed in SLP (Civil) Diary No.48615 of 2023 dated 10.05.2024, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 04.07.2025 Internet:Yes/No Index:Yes/No TSG Note : Issue Order Copy by 04.07.2025 To 1.The III Additional District Munsif, Madurai Town. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG 04.07.2025 4/4