Madras High CourtCMP(MD)/8570/2017dismissed as infructuous

G. Babu Jeyaraman(Died) v. R. Babu Venkatesan(Died)

2026-06-30Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2026

CORAM

THE HON'BLE MR. JUSTICE S.SOUNTHAR G.Babu Jayaraman (deceased) V.Rajalakshmi (deceased) 1.Babu Chandrasekaran 2.Jeyendra Finance a Registered Partnership Firm by its Partner, G.Babu Chandrasekaran S/o Babu Gopal Savithiri Nilayam, No.98, Butter Worth Road, Trichy - 2.

3.Thiriburasundari 4.G.Ranjani Gowrisankar 5.J.Babu Sundaresan .. Petitioners Vs.

R.Babu Venkatesan (deceased) 1.Babu Janakiraman S.Babu Raman (deceased) 2.S.Babu Krishnan 3.S.Babu Ganesan 4.S.Babu Narayanan 5.S.Meenakshi 6.S.Kamakshi 1/5

7.S.Jayalakshmi 8.Girija 9.Namagri Lakshmi 10.Bhuvaneswari N.B.Ananthakrishnan (died) N.B.Sriram (died) 11.N.B.Lakshmanan 12.Jaya Maheswari 13.R.Mangaleshwari 14.B.Sampoornalakshmi Jayalakshmi ammal (died) 15.Durgalakshmi 16.Savithiri @ Kalpana 17.Indira 18.Rama 19.Ravichandran Krishnamoorthy @ Krishnanji (deceased) 20.Saraswathi 21.R.Venkataraman 22.R.Shantha 23.Suresh 24.Babu Anandh 25.Subhashree 26.Janaki 27.Viswanathan 28.Gayathiri .. Respondents PRAYER in C.M.P(MD)No.8570 of 2017: Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 107 days in filing the civil revision petition.

PRAYER in C.R.P.(MD)No.SR 34258 of 2017: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure to set aside the 2/5

petition and delivery order dated 07.02.2017 passed in E.P.No.3 of 2017 in O.S.No.119 of 2004 passed by the II Additional District Court, Trichy.

For Petitioners : Mr.D.Nallathambi * * * * *

ORDER

The learned counsel for the petitioners submitted that in the present matter delivery was recorded on 30.11.2021 and the execution petition had been terminated.

2.The main Civil Revision Petition has been filed challenging the order of delivery.

3.In view of the fact that delivery has already been recorded and the execution petition has been terminated, the prayer in the main revision has become infructuous.

4.Accordingly, the Civil Miscellaneous Petition is dismissed as infructuous. Consequently, the Civil Revision Petition is rejected at the SR stage itself. No costs.

30.06.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn 3/5

To 1.The II Additional Subordinate Court, Madurai. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S.SOUNTHAR , J.

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