Madras High CourtCRP(MD)/2136/2019disposed of

Amutha v. T.P.Chandiraga Udayar

2023-10-18Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI and C.M.P(MD)No.11215 of 2019 1.Amutha 2.Karthigeyan 3.Premalatha 4.Thirumoorthy ... Petitioners /Petitioners / LRs of sole defendant .Vs.

T.P.Chandiragara Udayar ..Respondent / Petitioner/ Plaintiff PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the official memorandum in D.No.10744, dated 19.10.2019, passed by the Principal District Judge, Trichy. For Petitioners :No appearance For Respondent : Mr.H.Lakshmi Shankar

ORDER

When the Civil Revision Petition was listed on 16.10.2023, there is no representation for the petitioners. Hence, the matter was directed to be listed under the caption "for dismissal" on 18.10.2023. 1/4

Even today (ie.18.10.2023), when the matter was taken up at 12.30 p.m., there is no representation. In order to give an opportunity to the parties, the matter was passed over and taken up again at 02.30 pm., and there is no representation for the petitioners.

2. At this juncture, the learned counsel for the respondent would submit that the Civil Revision Petition arises out of official Memorandum issued by the Principal District Judge, Trichy, in respect of E.P.No2 of 2014, which is also brought to my notice by the learned counsel for the respondent. The respondent has filed fresh Execution Petition in E.P.No. 11 of 2018. It apperas that now, both the execution Petitions have been closed, in view of the pendency of E.P.No.2 of 2014, which has been closed pursuant to the award of the Lok Adalat. Further, E.P.No.11 of 2018 has been closed citing S.A.(MD)No.85 of 2021, filed before this Court. Since the revision itself arises out of the E.P. proceedings, in view of the pendency of the Second Appeal before this Court, there is no necessity for passing any orders in the revision and subject to the result of the S.A.(MD)No.85 of 2021, the parties can work out their remedy.

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3. In view of the same, the instant Civil Revision Petition stands disposed of. There shall be no order as to cost. Consequently, connected Miscellaneous Petition is closed.

Index:Yes/No 18.10.2023 Internet:Yes/No NCC:Yes/No Ls To

1. The Principal District Judge, Trichy.

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

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P.B.BALAJI,J.

Ls 18.10.2023 4/4