← Library
Madras High CourtCRP(MD)/2709/2018dismissed

Rangammal (Died) v. Sathyabama,

2023-07-20Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(NPD)(MD)No.2709 of 2018 and C.M.P(MD) No.11881 of 2018 Rangammal (Died) Jeyaram (Died)

1. Kumutha

2. Jeyasri

3. Nathiya ... Revision Petitioners/Petitioners Proposed Defendants -vs1. Sahthyabama

2. Athilakshmi

3. Amutha ... Respondents 1 to 3/Respondents 1 to 3 /Plaintiffs

4. Saraswathi

5. Bhuvaneshwari

6. Balaji ... Respondents 4 to 6/ Respondents 4 to 6/ Defendants 1/5

PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C, to set aside the fair and executable order passed in I.A.No.109 of 2018 in O.S.No. 94 of 2015, dated 03.08.2018 on the file of the District Munsif Court, Bodinayakkanur.

For Petitioners : Mr.M.Senthilkumar For Respondents : Mr.S.Kadarkarai for R1 to R3

O R D E R

The present Civil Revision Petition has been filed by the petitioner under Section 115 of C.P.C, to set aside the fair and executable order passed in I.A.No.109 of 2018 in O.S.No.94 of 2015, dated 03.08.2018 on the file of the District Munsif Court, Bodinayakkanur.

2. The instant revision petition has been filed against the dismissal of the application filed under Section 5 of Limitation Act, to condone the delay in filing of the application to set aside the ex parte order which was passed against the petitioner in the final decree application. 2/5

3. When the matter came up for hearing before this Court, the learned counsel for the respondents 1 to 3 has submitted that during the pendency of the civil revision petition, final decree was passed. In pursuance of the final decree, an Execution Petition in E.P.No.06 of 2020 has also been filed. In which, the Court has directed to deliver the possession, and in pursuance thereof, the petitioners handed over the possession of the property to the respondents 1 to 3/plaintiffs. Therefore, nothing survives in the revision petition.

4. The learned counsel for the petitioner also conceded about the outcome of the Execution Petition.

5. Hence, this Civil Revision Petition is dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

20.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The District Munsif Court, Bodinayakkanur.

4/5

C.KUMARAPPAN,J.

ebsi C.R.P(NPD)(MD)No. 2709 of 2018 20.07.2023 5/5