Madras High CourtCRP(MD)/209/2018dismissed as infructuous

Kamatchi, v. K.Natrayan,

2023-08-07Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(NPD)(MD)Nos.209 and 210 of 2018 and C.M.P(MD) No.914 of 2018 in C.R.P(MD) No.209 of 2018 C.R.P(MD) No.209 of 2018:

1. Kamatchi

2. Balamurugan

3. Pandiselvi

4. Senthilkumar

5. Pandeeshwari

6. Pandiarajan

7. Rathnapriya ... Petitioners/Petitioners/ Proposed parties -vs1.K.Natrayan ... 1st Respondent/1st Respondent Claimant

2. The Revenue Divisional Officer, Revenue Divisional Office, Palani.

3. The Director, Indian Medical and Homeopathy, Chennai.

... Respondents 2 and 3/ Respondents 2 and 3/ Land Acquisition Officers 1/5

PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C, against the fair and decreetal order dated 13.11.2017 passed in E.A.No.223 of 2014 in E.P.No.39 of 2010 on the file of the Sub-Court, Palani. For Petitioners : Mr.M.P.Senthil For Respondents :Mr.S.Siva Thilakar - for R1 : Mr.M.Senthil Ayyanar Government Advocate -for R2 and R3 C.R.P(MD) No.210 of 2018:

Pandiselvi ... Petitioners/Petitioner/3rd Party/ Proposed 3rd party -vsK.Natrayan ... Respondent/Respondent/ 1st Respondent/Claimant PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C, against the fair and decreetal order dated 13.11.2017 passed in E.A.No.162 of 2017 in E.A.No.223 of 2014 in E.P.No.39 of 2010 on the file of the Sub-Court, Palani. For Petitioner : Mr.M.P.Senthil For Respondent : Mr.S.Siva Thilakar 2/5

C O M M O N O R D E R The present Civil Revision Petitions have been filed by the petitioners under Section 115 of C.P.C, against the fair and decreetal order dated 13.11.2017 passed in E.A.No.223 of 2014 in E.P.No.39 of 2010 and E.A.No. 162 of 2017 in E.A.No.223 of 2014 in E.P.No.39 of 2010 respectively on the file of the Sub-Court, Palani.

2. It appears that E.P.No.39 of 2010 was already closed, in view of the pendency of the Civil Revision Petitions. Now, the petitioners have not inclined to proceed with these Civil Revision Petitions and seeking leave of this Court to resolve the remedy in the incumbent E.P.No.7 of 2021.

3. In view of the dismissal of the previous E.P.No.39 of 2010, nothing survives in these civil revision petitions. Therefore, both the Civil Revision Petitions stand dismissed as infructuous. However, the petitioners are at liberty to proceed with E.P.No.7 of 2021 according to law.

4. It is pertinent to mention here that the previous Execution Petition in E.P.No.39 of 2010 has not been disposed of on merits and has been only 3/5

closed, in view of the pendency of the civil revision petitions. Therefore, there was no impediment to dispose of the incumbent E.P.No.7 of 2021 according to its merits. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.

07.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Sub-Court, Palani.

4/5

C.KUMARAPPAN,J.

ebsi C.R.P(NPD)(MD)Nos.209 and 210 of 2018 07.08.2023 5/5