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Madras High CourtCRP(MD)/2581/2018dismissed as infructuous

Charlet, D/O. Appavu Nadar, v. Ubal Raj, S/O. Inbaraj,

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.2581 of 2018 and C.M.P.(MD)No.11353 of 2018 Charlet ... Petitioner / Claimant Vs 1.Ubal Raj 2.Thangaraj 3.The Oriental Insurance Company Limited, Malick Mahal, Head Post Office Junction, Nagercoil, Kanyakumari District.

... Respondents / Plaintiffs Prayer : Civil Revision Petition is filed under Article 227 of Civil Procedure Code to set aside the impugned order in A.Ka.No.1291 of 2018 in M.C.O.P.No.162 of 2001 dated 18.09.2018 on the file of the Principal Sub Judge, Nagercoil and allow this Civil Revision Petition. For Petitioners : Mr.PT.Ramesh Raja For R1 and R2 : No appearance For R3 : Mr.A.Ilango 1/4

ORDER

When the matter came up for hearing, learned counsel for the respondent would submit that there is a settlement between the parties out of the Court in M.C.O.P.No.162 of 2001 before the execution Court.

2. In view of the above said settlement reached between the original claimant and the respondent in M.C.O.P.No.162 of 2001, the demand made by the execution Court directing the revision petitioner to pay the interest for the amount disbursed to him by mistake, has become infructuous.

3. In view of the above, the order made in the execution proceedings in A.Ka.No.1291 of 2018 dated 18.09.2018, is set aside and this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petitions stand closed. 11.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 2/4

To 1.The Principal Sub Judge, Nagercoil.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN C.R.P(MD)No.2581 of 2018 and C.M.P.(MD)No.11353 of 2018 11.11.2024 4/4