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Madras High CourtCRP(MD)/2783/2018dismissed as infructuous

T.Pandarinathan v. Sri.Meenakshi Sundareswarar

2023-09-21Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRP(PD)(MD).No. 2783 of 2018 T.Pandarinathan Petitioner Vs.

1.Sri.Meenakshi Sundareswarar etc., Devasthanams, Madurai Through its Executive Officer.

2.EMGS.Indhirani 3.E.M.G.S. Pothi Gopalakrishnan 4.E.M.G.S.Pothirajan 5.E.M.G.S.Arun Pothiraj 6.S.Rajeswari 7.E.M.G.S. Gopalakrishna Pandian 8.E.M.G.S. Radhakrishna Pandian 9.E.M.G.S. Muthu Meenakshi Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India call for the records directing the number in E.A.SR.No.31179 of 2018, return dated 27.11.2018 on the file of the I Additional Subordinate Court, Madurai.

For Petitioner : Mr.N.S.Ponnaiah For Respondent No.1 : Mr.K. Govindarajan 1/4

ORDER

The present Civil Revision Petition has been filed based upon un-numbered application filed under Section 47 and 151 CPC in E.P.No.77 of 2006.

2. However, while taking up the matter for consideration, the learned counsel appearing for the respondents would submit that the said E.P.No. 77 of 2006 has already been terminated.

3. The learned counsel appearing for the petitioner submitted that the decree in O.S.No.123 of 1970, where E.P.No.77 of 2006 is filed has confirmed by the Hon'ble Supreme Court in SLP.No.29509 of 2018.

4. Since the very Execution Petition has already been terminated the question of arising claim under Section 47 r/w 151 CPC does not arise. Hence, this Civil Revision Petition is dismissed as infructuous. No costs. 21.09.2023 Index :

Yes / No Internet :

Yes / No trp 2/4

To I Additional Subordinate Court, Madurai.

3/4

C.KUMARAPPAN, J., trp CRP(PD)(MD).No. 2783 of 2018 21.09.2023 4/4