Indira, v. R-41, Srivilliputhur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and M.P.(MD) Nos.1 & 1 of 2014 and C.M.P.(MD) No.4766 of 2021 C.R.P.(PD) (MD) Nos.2652 & 2656 of 2014 :- 1.Indira 2.Revathy .. Petitioners / Respondents/ Plaintiffs in both cases -vsR-41, Srivilliputhur Agricultural Producers Cooperative Marketing Society, Through its Special Officer, No.22, Pandit Jawaharlal Road, Srivilliputhur, Virudhunagar District.

.. Respondent / Petitioner/ 1st Defendant in both cases Prayer :- Petitions filed under Article 227 of the Constitution of India to set aside the fair and decretal order passed in I.A.Nos.713 & 714 of 2014 in O.S.No.198 of 2008 on the file of the Principal District Munsif, Srivilliputhur dated 21.08.2014. For Petitioners :

Mr.G.Venugopal (In both cases) for Mr.M.P.Senthil For Respondent :

Mr.M.Thirunavukkarasu (In both cases) C.R.P.(PD) (MD) No.873 of 2021 :- R-41, Srivilliputhur Agricultural Producers Cooperative Marketing Society, D.No.22, Pandit Jawaharlal Nehru Road, (Railway Feeder Road), Srivilliputhur, Virudhunagar District.

.. Petitioner/Respondent/ 1st Defendant -vs1.Indira 2.Revathy .. Respondents 1& 2/ Respondents 2 & 3/Plaintiffs 2 & 3 1/3

Prayer :- Petition filed under Article 227 of the Constitution of India to set aside the order and decree made in I.A.No.1 of 2020 in O.S.No.14 of 2019 dated 17.03.2021 on the file of the District Munsif Court, Rajapalayam.

For Petitioner :

Mr.M.Thirunavukkarasu For Respondents :

Mr.G.Venugopal for Mr.M.P.Senthil ******* COMMON ORDER It is informed by the learned counsel on both sides that towards the Arbitration Order No.113/1998-99 dated 22.05.2002, the Society has realised the dues by sale of the property belonging to the co-sisters of the petitioners in C.R.P.(PD) (MD) Nos.2652 & 2656 of 2014 and therefore, the Arbitration Order No.113/1998-99 has been satisfied. However, the learned counsel appearing for the Society would submit that possession is yet to be handed over. 2.Recording the fact that the amounts due under the award has been fully satisfied, E.P.No.31/2004-05 is closed. Consequently, the attachment in respect of the properties belonging to the petitioners in C.R.P.(PD) (MD) Nos.2652 & 2656 of 2014 is to be raised, for which, the Society undertakes to do the same within a period of one month from the date of receipt of a copy of this order.

3.In the light of the above, no further orders are required to be passed in these revisions and accordingly, the Civil Revision Petitions are disposed of on the above lines. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) abr Note:-In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

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To 1.The Principal District Munsif, Srivilliputhur.

2.The District Munsif, Rajapalayam.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-37632[F] dated 07/12/2021 ) +1 CC to M/s.M.THIRUNAVUKKARASU, Advocate (SR-37532[F] dated 07/12/2021 ) C.R.P.(PD) (MD) Nos.2652 & 2656 of 2014 & 873 of 2021 Dated: 06.12.2021 NA(CO) GC(22.12.2021) 3P 5C 3/3