Madras High CourtCRP(MD)/154/2018dismissed as infructuous

Lenin Devid Raj, S/O.Thankaraj v. Anthonimuthu Nadar (Died)

2023-10-31Honourable Mr. Justice Battu Devanand9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.154 of 2018 and C.M.P(MD) No.703 of 2018 Lenin David Raj

...Petitioner

Vs.

Anthonimuthu Nadar (died) 1.Kannimariyal 2.A.Mariyammal 3.A.Rajammal 4.A.Thomson Rose Mary (died) 5.A.Thankaraj @ A.Xavier 6.A.Victoriyal 1/9

V.Nagamony Nadar (died) Palayyan (died) Cellayyan Nadar (died) Kochappi (died) 7.Arumanayagom 8.Thankappan 9.Ponnappan 10.Saral 11.Lekshmi 12.Gnanamuthu 13.D.Thankaraj Ponnumuthu (died) Muthuan (died) Snehappu (died) Ponnu (died) Chinnan Nadar (died) 14.Harichandran Nadar 15.Cellayyan 2/9

16.Yacob 17.Saral Banu (died) Ayyappan Pillai (died) 18.Sankara Narayana Pillai 19.Paramartha Lingam M.Anthony Nadar (died) 20.M.Varuvel 21.Sivasankara Pillai 22.Ayyappan Pillai Ponnayyan (died) 23.Harris 24.Thankappan 25.Paulraj 26.Moni 27.Thankaraj 28.Palayyan 29.Thanka Nadar 3/9

30.Moni 31.Kamalam 32.Sathiyadhas 33.Russelraj @ Thomas 34.Selvaraj 35.Meenakshi 36.Rajan 37.Gopalan 38.Ammal 39.Rajamony 40.Thankamoni 41.Kamalan 42.Vijayan 43.Sundar 44.Chellammal 45.Sukumaran 46.Rajaji 47.Rajamony 4/9

48.Lucose 49.Subbu Lekshmi 50.A.Narayana Pillai 51.Ambi Ammal 52.Nesayyan 53.Sasi 54.Rajaretnam 55.R.Ratheesh 56.R.Sindhu 57.R.Ramji 58.Mariya Dhas 59.Pankiraj

...Respondents

(Respondents 7 to 59 are formal party. Hence they are given up - notice may be dispensed with.) PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the Civil Revision Petition and to set 5/9

aside the fair order and decreetal order dated 19.12.2017 passed in Unnumbered E.A.No.--- of 2017 in E.P.No.6 of 2009 in O.S.No.232 of 1972 (C.F.Nos.8141 of 2017 and 8653 of 2017) on the file of the Principal District Munsif Court, Kuzhithurai. For Petitioner : Mr.H.Thayumanaswamy For Respondents : No Appearance - for RR1, 2 & 6, Given up - RR7 to 59 Tapal returned - for RR3, 4 & 5

O R D E R

This Civil Revision Petition is filed against the order dated 19.12.2017 passed in Unnumbered E.A.No.--- of 2017 in E.P.No.6 of 2009 in O.S.No.232 of 1972 (C.F.Nos.8141 of 2017 and 8653 of 2017) on the file of the Principal District Munsif Court, Kuzhithurai.

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2. This Court called for the report from the concerned Principal District Judge, by order dated 19.10.2023 with regard to the status of the Execution Proceedings in the trial Court. Accordingly, the concerned Principal District Judge, has sent a report wherein, it is stated that the Execution Petition in E.P.No.6 of 2009 in O.S.No.232 of 1972 on the file of the Principal District Munsif, Kuzhithurai, is dismissed as settled out of Court, by its order, dated 14.06.2018.

3. In view of the above, as already the Execution Petition itself is dismissed as settled out of Court, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.

4. Accordingly, this Civil Revision Petition is dismissed as infructuous.

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5. No costs.

6. Consequently, connected Civil Miscellaneous Petition is closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To The Principal District Munsif, Principal District Munsif Court, Kuzhithurai.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.154 of 2018 31.10.2023 9/9