Madras High CourtCRP(MD)/1803/2016allowed

Muthuraj, v. P.Palanivel,

2018-09-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.1803 of 2016 (NPD) and CMP(MD)No.8692 of 2016 1.Muthuraj 2.Hari Rengarajan 3.Sankar 4.Arul Murugan 5.Uma Eswari 6.Jothi Sudha : Petitioners/Respondents/Defendants Vs.

P.Palanivel : Respondent/Petitioner/Plaintiff Prayer : Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the fair and decreetal order passed in E.P No.85 of 2015 in O.S No.44 of 2012 on the file of the Principal Sub Court, Tirunelveli dated 30.06.2016. For Petitioners : Mr.M.P.Senthil For Respondent : Mr.K.Karthick

ORDER

The defendants in O.S No.44 of 2012 on the file of the Principal Sub Court, Tirunelveli are the revision petitioners herein. The said suit was decreed. To execute the same, E.P No.85 of 2015 was filed. The order passed in the execution petition is questioned in this civil revision petition. 2.In the meanwhile, the appeal filed by the defendants was allowed in their favour. Challenging the same, the plaintiff has filed a second appeal before this Court. In view of the subsequent developments that have taken place, the order impugned in this civil revision petition will no longer hold good. The impugned order is set aside and this civil revision petition is allowed. No costs.

Sd/- Assistant Registrar (Protocol) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar (CS-)

To The Principal Subordinate Judge, Tirunelveli.

+ 1 CC TO Mr.M.P.SENTHIL, ADVOCATE IN SR No. 84464 SKM TE/SV/SAR-1 : 23/10/2018 : 2P/3C CRP(MD)No.1803 of 2016 (NPD) and CMP(MD)No.8692 of 2016 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/