Madras High CourtCRP(MD)/1976/2021dismissed as infructuous

The Branch Manager v. M.Kavitha

2024-11-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.10613 of 2021 The Branch Manager, M/s.The Oriental Insurance Co.Ltd., Having office at Cumbum Road, Bangalamedu, Theni, Theni District.

... Petitioner/Respondent Vs.

1.M.Kavitha 2.M.Jeyaprakash 3.Minor M.Jeevankumar 4.Minor M.Jeevanya (Minor Petitioners 3 & 4 are represented through their mother and guardian the 1st Respondent) K.Kanagaraj (Died) 5.K.Packiam ... Respondents/Petitioners PRAYER : Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the attachment order, dated 07.07.2021, passed in E.P.No.14 of 2020 in M.C.O.P.No.84 of 2017, on the file of the Additional District cum Sessions Court, Theni @ Periyakulam.

For Petitioner : Mr.C.Jawahar Ravindran 1/4

For Respondent : No Appearance

ORDER

This revision petition has been filed to set aside the attachment order, dated 07.07.2021, passed in E.P.No.14 of 2020 in M.C.O.P.No.84 of 2017, on the file of the Additional District cum Sessions Court, Theni @ Periyakulam.

2.When the matter is taken up for hearing, the learned counsel for the revision petitioner would submit that the tribunal has passed an exparte award. Against the exparte order they filed petition to set aside the exparte award along with delay condonation petition. Pending the above said process, execution petition was filed by the claimants and attachment order was also passed. Against which, this revision has been preferred. He would further submit that now the exparte set aside petition was allowed and the enquiry goes on. Hence, the prayer sought for in this petition has become infructuous.

3.In view of the submissions made by the learned counsel for the revision petitioner, this civil revision petition stands dismissed as 2/4

infructuous. No costs. Consequently, connected miscellaneous petition is closed.

06.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Additional District and Sessions Judge, Theni. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN ,J.

TM 06.11.2024 4/4