Madras High CourtCRP(MD)/2473/2022closed

Subbulakshmi, v. R. Mariyappan (Died), 1. M. Ghanasekaran,

2025-02-06Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.12131 of 2022 1.Subbulakshmi 2.Uma

...Petitioners/Obstructers/Third Party/NIL

Vs.

R.Mariyappan(Died) 1.M.Ghanasekaran 2.M.Sakthivel

...Respondents 1 & 2/Respondents 2 & 3/

Petitioners/Plaintiffs Muthaiah(Died) 3.Ramakrishanan 4.Muthukumaran 5.Muthulakshmi Nagammal (Died) 6.The Assistant Director, Tamil Nadu Khadi Grama Village Industries Board, Madurai.

7.Muthuveerammal

...Respondents 3 to 7/

Respondents 5 to 7 and 9 & 10/ Respondents 2 to 4 and 6 & 7/ Defendants 2 to 4 and 6 & 7 1/4

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, against the Fair order and decree dated 23.11.2022 passed in E.A.No.48 of 2012 in E.P.NO.41 of 2006 in O.S.No.354 of 1983 on the file of the District Munsif cum Judicial Magistrate Court, Natham, Dindigul District. For Petitioners : M/s.B.Prahalad Ravi For Respondents : M/s.C.Mayilvahana Rajendran for R1 * * * * *

ORDER

The present revision petition has been filed by a third party to E.P.No.41 of 2006 in O.S.No.354 of 1983 on the file of the District Munsif cum Judicial Magistrate Court, Natham, Dindigul District.

2.A perusal of the records reveal that the respondents 1 and 2 herein had filed the above said suit for recovery of possession and the suit was decreed. The decree holder have filed E.P.No.41 of 2006 for taking delivery. 3.Pending delivery application, the present revision petitioners who are the third parties, had filed E.A.No.48 of 2012 under Order 21 Rule 97 of C.P.C, claiming the title and possession over the said properties. This application came to be dismissed on 23.11.2022. Challenging the same, the present revision petition has been filed.

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4.According to the learned Counsel appearing for the respondent, delivery was taken on 04.01.2023 and E.P. has also been terminated. In the said circumstances, nothing survives to be adjudicated. Accordingly, this Civil Revision Petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed.

06.02.2025 Internet:Yes/No Index:Yes/No RJR To The District Munsif cum Judicial Magistrate Court, Natham, Dindigul District.

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R.VIJAYAKUMAR , J.

RJR 06.02.2025 4/4