Madras High CourtCRP(MD)/714/2020dismissed

Majitha Begum v. Sheik Mohaideen (Died) Razia Begum

2021-11-30Honourable Ms. Justice P.T. Asha2 pages

C.R.P.(NPD) (MD) No.714 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(NPD) (MD) No.714 of 2020 and C.M.P.(MD) No.4739 of 2020 Majitha Begum .. Petitioner/Respondent/ Judgment Debtor/Defendant -vsSheik Mohaideen (Died) 1.Razia Begum 2.Rahamathunnissa 3.Jamal 4.Rabiya Begam 5.Idayathullah 6.Liyakath Ali .. Respondents/Petitioners/ Decree Holders/Plaintiffs Prayer :- Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 16.08.2019 made in E.P.No.206 of 2017 in O.S.No.467 of 2011 on the file of the First Additional District Munsif, Tiruchirappalli and allow the above Civil Revision Petition.

For Petitioner :

Mr.P.Thiyagarajan For Respondents :

Mr.D.Senthil

ORDER

The Civil Revision Petition is filed against the order passed in the execution proceedings dated 16.08.2019, made in E.P.No.206 of 2017 in O.S.No.467 of 2011 on the file of the First Additional District Munsif, Tiruchirappalli.

2.It is informed by the learned counsel appearing on both sides that the Second Appeal, preferred by the revision petitioner in S.A.(MD) No.746 of 2021 challenging the judgment and decree in A.S.No.120 of 2017, dated 22.07.2021, which was filed against the judgment and decree dated 30.06.2017, made in O.S.No.467 of 2011, was dismissed today, i.e., 30.11.2021.

3.Considering the fact that the decree, which is sought to be executed, has been dismissed in appeal, the defence taken in the execution proceedings no longer exists for the revision https://hcservices.ecourts.gov.in/hcservices/

C.R.P.(NPD) (MD) No.714 of 2020 petitioner. Hence, the Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) abr Note:- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The I Additional District Munsif, Tiruchirappalli.

+1 CC to M/s.D.SENTHIL, Advocate (SR-36653[F] dated 01/12/2021) +1 CC to M/s.P.THIYAGARAJAN, Advocate (SR-36899[F] dated 01/12/2021) C.R.P.(PD)(MD) No.714 of 2020 30.11.2021 TP(CO) SB(15.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/