Madras High CourtCRP(MD)/1846/2019dismissed as infructuous

Thomas v. C.Sankthakumarai Amma, Died, Sreedharan Nair

2023-11-10Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.1846 of 2019 and C.M.P(MD) No.9480 of 2019 1.Thomas 2.Sabumathew

...Petitioners

Vs.

1.C.Santhakumarai Amma (died) 2.Sreedharan Nair 3.Ramani Bai 4.Sethu Bai 5.Sreekumaran Nair 6.Hari Kumar 1/6

7.Anand 8.V.J.Chako Financial Department Post Box No.193, Safat 13002, Safat Kuwait.

9.Thankamma 10.Joseph 11.Raj 12.Emili Joseph 13.Varghese V.Joseph

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair order and decreetal order dated 29.07.2019 passed in E.P.No.33 of 2000 in O.S.No.40 of 1976 on the file of the Principal District Munsif Court, Padmanabhapuram, Kanyakumari District, and allow this Civil Revision Petition.

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For Petitioners : Mr.G.Gomathi Sankar For Respondents : Died - for RR1, 9 to 11 No Appearance - for RR12 Batta due - for RR2 to 7 Unserved - for RR8 & 13

O R D E R

This Civil Revision Petition is filed against the order dated 29.07.2019 passed in E.P.No.33 of 2000 in O.S.No.40 of 1976 on the file of the Principal District Munsif Court, Padmanabhapuram, Kanyakumari District.

2. During the course of hearing Mr.G.Gomathi Sankar, learned counsel for the petitioner on record placed a copy of the order, dated 30.08.2019 in E.P.No.33 of 2000. On perusal of the same, it appears that delivery was effected as per the decree and delivery is recorded and Execution Petition in E.P.No.33 of 2000 is terminated.

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3. In view of the above, 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.

10.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 4/6

To The Principal District Munsif, Principal District Munsif Court, Padmanabhapuram, Kanyakumari District, 5/6

BATTU DEVANAND, J.

RM C.R.P(MD) No.1846 of 2019 10.11.2023 6/6