P.Bhikaram vs S.Pistabai
2021 Latest Caselaw 9064 Mad

                                                                                 C.R.P.(N.P.D).No.3644 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 01.04.2021

                                                           CORAM

                                   THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

                                                C.R.P.(NPD) No.3644 of 2016
                                                 and CMP. No.18531 of 2016

                     1.P.Bhikaram
                     2.P.Tararam                                           ...          Petitioners

                                                              Vs

                     1.S.Pistabai
                     2.S.Rajendra Kumar Surana
                     3.S.Sunil Kumar Surana                                ...          Respondents

                     Prayer :- Civil Revision Petition is filed under Section 115 of the Civil

                     Procedure Code, to set aside the fair and decreetal order dated 29.09.2016

                     made in I.A.No.5708 of 2016 in O.S.No.3976 of 2010 on the file of the VII

                     Assistant City Civil Judge, Chennai and dismiss the said application by

                     allowing the present Revision Petition.

                                   For Petitioners     :   No Appearance

                                   For Respondents     :   Mr.A.K.Sriram
                                                           for M/s.A.S.Kailasam & Associates



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https://www.mhc.tn.gov.in/judis/
                                                                                C.R.P.(N.P.D).No.3644 of 2016

                                                           ORDER

This Civil Revision Petition is filed against the fair and decreetal

order dated 29.09.2016 made in I.A.No.5708 of 2016 in O.S.No.3976 of

2010 on the file of the VII Assistant City Civil Judge, Chennai, thereby

dismissing the petition to condone the delay in filing the petition to set aside

the ex-parte decree.

2. The petitioners are the defendants and the respondents are the

plaintiffs. The respondents filed a suit for recovery of possession in respect

of the suit property and the same was decreed. Aggrieved by the same, the

petitioners preferred an appeal suit in A.S.No.483 of 2012. The appeal suit

was allowed by a judgment and decree dated 31.01.2014 and the same was

remanded back to the Trial Court for fresh trial. Pending suit, the

petitioners were absent and they were set ex-parte. Thereafter, the Trial

Court was passed ex-parte decree on 28.04.2015.

3. In pursuant to the decree, the respondents filed an execution

petition in E.P.No.82 of 2016 and delivery of possession was ordered.

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.3644 of 2016

Subsequently, the delivery of possession was also effected on 04.03.2020.

In pursuant to the effect of the delivery, the execution petition was also

terminated on 19.03.2020. Therefore, nothing survives in this Civil

Revision Petition. Accordingly, the Civil Revision Petition is dismissed.

Consequently, connected Miscellaneous Petition is closed. No order as to

costs.

01.04.2021

lpp Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

To

The VII Assistant Judge, City Civil Court, Chennai

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.3644 of 2016

G.K.ILANTHIRAIYAN.J,

lpp

C.R.P.(NPD) No.3644 of 2016 and CMP. No.18531 of 2016

01.04.2021

https://www.mhc.tn.gov.in/judis/