Madras High CourtCRP(MD)/1516/2014dismissed as infructuous

S.Santhanakrishnan, v. R.Parimala,

2023-02-24Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI and M.P(MD)No.2 of 2014 1.S.Santhanakrishnan 2.S.Balakrishnan 3.S.Radhakrishnan 4.G.Shanthi ... Revision Petitioners (In All Cases) Vs.

1.R.Parimala 2.S.Gunasundari 3.K.Senbhagalakshmi 4.R.Rengamani 5.R.Aaravamuthan ... Respondents (In All Cases) PRAYER in C.R.P(MD)No.1516 of 2014: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to allow the Civil Revision Petition and set aside the petition and order, dated 19.06.2014 passed in E.A.No.85 of 2013 in E.P.No.41 of 2010 in O.S.No.59 of 2007 on the file of the Principal Sub-Court, Kumbakonam. 1/5

PRAYER in C.R.P(MD)No.1517 of 2014: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to allow the Civil Revision Petition and set aside the petition and order, dated 19.06.2014 passed in E.A.No.87 of 2013 in E.P.No.41 of 2010 in O.S.No.59 of 2007 on the file of the Principal Sub-Court, Kumbakonam. PRAYER in C.R.P(MD)No.1518 of 2014: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to allow the Civil Revision Petition and set aside the petition and order, dated 19.06.2014 passed in E.A.No.86 of 2013 in E.P.No.41 of 2010 in O.S.No.59 of 2007 on the file of the Principal Sub-Court, Kumbakonam. (In All Cases) For Petitioners : No appearance For Respondents : No appearance COMMON

ORDER

When these Civil Revision Petitions were called up for hearing, there is no representation on either side of the petitioners as well as the respondents. However, the status of the trial Court which was called for 2/5

from the Additional Subordinate Judge, Kumbakonam (FAC), dated 16.02.2023 would reveal that on verification of the suit register the Original Suit No.59 of 2007 (C.R.P(MD)Nos.1516 to 1518 of 2014) was filed for partition and separate possession and the final decree was passed on 26.03.2010 and the suit was decreed. The defendants 1 to 4 handed over the possession of the third item of the suit property to the plaintiff as per compromise decree passed by this Court.

2. The learned Additional Subordinate Judge further submitted in his notes that after disposal of the suit, the petitioner had filed Execution Petition in E.P.No.41 of 2010 on the file of the Principal Sub Court, Kumbakonam. against the respondent for delivery of the suit property. On 08.12.2017 the property was delivered, the same was recorded and the E.P was terminated. He further submitted that presently no petition or execution petition were pending in the suit before the Additional SubCourt, Kumbakonam. 3/5

3. It seems that the entire case before the trial Court was disposed of and in view of the same, these Civil Revision Petitions stand dismissed as infructuous. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed. 24.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Btr To 1.The Principal Sub-Court, Kumbakonam.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Btr Order made in 24.02.2023 5/5