Thangaraj(Deceased) v. Ravi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Thangaraj (Died) 1.Rajathi 2.Ravikumar 3.Jeyakumar 4.Parimala Rep. by power agent T.Jayakumar : Petitioners Vs.

1.Ravi 2.Kalyanasundaram Thillainayagi (Died) 3.Kamala Nagam (Died) 4.Balasubramanian 5.Kandasamy 1/4

6.Shanmugam 7.Vijayalakshmi 8.Chithra 9.Thangam 10.Sivagurunathan 11.Sumathi : Respondents PRAYER: Civil Revision Petition filed under Section 115 of the Civil Procedure Code to call for the records relating to the order dated 14.02.2017, made in E.P.No. 77 of 2016 in O.S.No.39 of 2004 on the file of the Additional District Court (Fast Track Court), Kumbakonam and set aside the same.

For Petitioners : Mr.G.Gomathi Sankar For Respondents : Mr.P.Ganapathi Subramanian for RR.1 to 3, 6 to 11 No appearance for RR.4, 5 *****

ORDER

Today, when the matter came up for hearing, learned Counsel for the petitioners submitted that the judgment debtors have paid the decree amount and therefore, 2/4

nothing survives in the revision. However, he sought liberty to prosecute the execution proceedings in E.P.No.86 of 2016. He has also made an endorsement to that effect.

2.In view of the above submission and the endorsement so made, this revision petition is closed. Insofar as the proceedings in E.P.No.86 of 2016 is concerned, if the petitioners are legally entitled to prosecute the proceedings, it is always open to them to do so. A specific order granting liberty in this regard is not required. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 14.11.2022 gk To The Additional District Judge, Fast Track Court, Kumbakonam.

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B.PUGALENDHI, J.

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