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Madras High CourtCRP(MD)/246/2018dismissed as infructuous

Kanagambujam v. C. Soundarraj

2023-10-31Honourable Mr. Justice Battu Devanand5 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.246 of 2018 and C.M.P(MD) Nos.1031 of 2018 & 3989 of 2019 1.Kanagambujam 2.R.Mahendran 3.R.Srinivasan

...Petitioners

Vs.

1.C.Soundarraj 2.C.Jeyakumar 3.Kanchana

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 1/5

17.01.2018 passed in E.A.No.286 of 2017 in E.A.No.197 of 2017 in E.P.No.139 of 2011 in O.S.No.101 of 1990 on the file of the Principal Subordinate Court, Tirunelveli, and allow this Civil Revision Petition.

For Petitioners : Mr.J.David Ganesan For Respondents : Mr.D.Saravanan - for RR1 & 2 Unserved - for R3

O R D E R

This Civil Revision Petition is filed against the order dated 17.01.2018 passed in E.A.No.286 of 2017 in E.A.No.197 of 2017 in E.P.No.139 of 2011 in O.S.No.101 of 1990 on the file of the Principal Subordinate Court, Tirunelveli.

2. This Court called for the report from the concerned Principal District Judge, by order dated 19.10.2023 with regard to 2/5

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.139 of 2011 in O.S.No.101 of 1990 on the file of the Principal Subordinate Court, Tirunelveli, is dismissed as not pressed, by its order, dated 22.12.2021.

3. In view of the above, as already the Execution Petition itself is dismissed as not pressed, 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.

5. No costs.

3/5

6. Consequently, connected Civil Miscellaneous Petitions are closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To The Principal Subordinate Judge, Principal Subordinate Court, Tirunelveli, 4/5

BATTU DEVANAND, J.

RM C.R.P(MD) No.246 of 2018 (1/2) 31.10.2023 5/5