Madras High CourtCRP(MD)/2354/2019dismissed as infructuous

Paalvannan v. Sanmugasundaram

2019-12-20Honourable Mrs Justice R. Tharani2 pages

C.R.P.(PD)(MD)No.2354 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.12.2019

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.R.P.(PD)(MD)No.2354 of 2019 and C.M.P.(MD)No.12434 of 2019 1.Paalvannan 2.Pushpam .. Petitioners Vs.

1.Sanmuga Sundaram Gobalakrishnan (Died) Arunachalavadivu (Died) Valliyammal (Died) 2.Venkateshwaran Pathmanaban (Died) Jayalakshmi (Died) 3.Abranantham 4.Avvaiyar 5.Thirumalaiyammal Indira (Died) 6.Banumathi 7.Krishnaveni 8.Paalvannam, S/o.Ramayapillai 9.Rajeswari Thangammal (Died) 10.Thukarampillai 11.Arokiyaraj 12.Paalvannan, S/o.Thukarampillai Palaniyammal (Died) 13.Paalvannan, S/o.Gobalakrishnan 14.Gurunathan 15.Revathi 16.Sangaranarayanan 17.Hariharan 18.Balu 19.Lilavathi 20.Kulalvaimoli 21.Veeralakshmi 22.Lalitha 23.Anni Pesant Ammaiyar 14.Minor Sri Rep. Through 23rd respondent herein ... Respondents Prayer : This Civil revision petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decreetal order https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

C.R.P.(PD)(MD)No.2354 of 2019 dated 28.11.2019 passed in E.P.No.10 of 2016 in O.S.No.42 of 1980 on the file of the Principal District Munsif Court, Sivagiri. For Petitioners : Mr.V.Meenakshi Sundaram For Respondent No.1 : Mr.N.Ganagasapapathy

ORDER

Heard the learned counsel appearing on either side. 2.This Civil Revision Petition has been filed against the order passed in E.P.No.10 of 2016 in O.S.No.42 of 1980 dated 28.11.2019, on the file of the learned Principal District Munsif, Sivagiri.

3.On the side of the petitioners, it is stated that the respondents have failed to implead the legal heirs of the deceased and they did not take steps for appointment of guardian for the minor.

4.It is further stated that the order of delivery is illegal. Pending the suit, the first respondent settled the property in favour of his son, which was suppressed in the proceedings and prayed the delivery order to be set aside.

5.On the side of the respondents, it is stated that delivery was effected yesterday (I.e., on 19.12.2019) and therefore, nothing survives to adjudicate further.

6.It is seen that the petitioners failed to file second appeal. The delivery was already effected. In the above circumstances, the Civil Revision Petition is dismissed as infructuous. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Principal District Munsif, Sivagiri.

C.R.P.(PD)(MD)No.2354 of 2019 20.12.2019 MRN SDS(24.01.2020) 2P-2C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2