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Madras High CourtCRP(MD)/442/2018dismissed as infructuous

Daisy, W/O. Johnson v. V. Anthonymuthu 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.442 of 2018 and C.M.P(MD) No.1927 of 2018 Daisy

...Petitioner

Vs.

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

7.H.Rajaretnam 8.Rathesh 9.Sindhu 10.Ramji V.Nagamony Nadar (died) Palayyan (died) Cellayyan Nadar Kochappi 11.Arumanayagom 12.Thankappan 13.Ponnappan Saral (died) Lekshmi (died) 14.Gnanamuthu 15.D.Thankaraj K.Ponnumuthu (died) K.Muthuan (died) Snchappu (died) 2/9

S.Ponnu (died) M.Chinnan Nadar (died) 16.M.Harichandran Nadar 17.J.Cellayyan 18.J.Yacob 19.Saral N.Banu (died) N.Ayyappan Pillai (died) 20.Sankara Narayana Pillai 21.C.Paramartha Lingam M.Anthony Nadar (died) 22.M.Varuvel 23.Sivasankara Pillai 24.P.Ayyappan Pillai A.Ponnaiyan (died) 25.A.Haris 26.N.Thankappan 27.N.Paulraj 3/9

28.N.Moni 29.B.Thankaraj 30.Palayyan 31.K.Thanka Nadar 32.K.Moni 33.Kamalam 34.P.Sathiyadhas 35.P.Thomas @ P.Russelraj 36.P.Selvaraj 37.Meenakshi 38.M.Rajan 39.M.Gopalan 40.Ammal 41.P.Rajamony 42.P.Thankamoni 43.P.Kamalan 44.P.Vijayan 45.P.Sundar 4/9

46.Chellammal 47.C.Sukumaran 48.C.Rajaji 49.P.Rajamony 50.P.Lucose 51.Subbulekshmi 52.A.Narayana Pillai 53.Ambi Ammal 54.P.Nesayyan 55.P.Sasi

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the Civil Revision Petition and to set 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 on the file of the Principal District Munsif Court, Kuzhithurai.

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For Petitioner : Mr.C.K.M.Appaji For Respondents : No Appearance - for RR1 to 3, 6 to 10, 14, 15, 23, 25, 35, 40, 43, 45 & 51 Dismissed for default - for RR4, 5, 11 to 13, 16 to 22, 24, 26 to 34, 36 to 39, 41, 42, 44, 46 to 50, 52 to 55

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 on the file of the Principal District Munsif Court, Kuzhithurai.

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 6/9

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.

5. No costs.

6. Consequently, connected Civil Miscellaneous Petition is closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 7/9

To The Principal District Munsif, Principal District Munsif Court, Kuzhithurai.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.442 of 2018 31.10.2023 9/9