C.Thiruvengadam vs Rani
2021 Latest Caselaw 9186 Mad

                                                             C.R.P. No.3077 of 2013

          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            DATED : 07.04.2021

                                   CORAM

      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                           C.R.P.No.3077 of 2013

1.C.Thiruvengadam
S/o. Chinnaiya Gounder

2.C.Dhanraj
S/o.Chinnaiya Gounder

3.V.Rathinasamy
S/o.Vaiyapuri Gounder                                      ... Petitioners

                                      Vs

Thangammal (Died)

1.Rani
2.Raja
3.Nageswari
4.Kamala
5.Paneerselvam                        ... Respondents / LR's of 1st Defendant

        Prayer: Petition filed under Article 227 of the Constitution of India
praying to direct the learned Principal District Munsif, Salem to record full
satisfaction in the R.E.P.No.90 of 1999 in O.S.No.1138 of 1990 and to
terminate the Execution Petition in R.E.P.No.90 of 1999.


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                                                           C.R.P. No.3077 of 2013




              For Petitioners         : Mr.R.Sunil Kumar
              For Respondents         : No Appearance

                                   ORDER

(The case has been heard through video conference) The Civil Revision Petition has been filed seeking to direct the

learned Principal District Munsif, Salem to record full satisfaction in the

R.E.P.No.90 of 1999 in O.S.No.1138 of 1990 and to terminate the Execution

Petition in R.E.P.No.90 of 1999.

2.Mr.Sunil Kumar, the learned counsel appearing for the petitioners

would submit that the revision petitioners are the plaintiffs in O.S.No.1138

of 1990. He would submit that the suit after contest was dismissed on

30.08.1996. Being aggrieved by the same, the Revision Petitioners /

plaintiffs have filed an appeal in A.S.No.186 of 1996 and by judgment and

decree dated 31.07.1996, the appellate Court has reversed the decree and

allowed the Appeal. Thereafter, the 1st respondent / 1st defendant had

preferred a Second Appeal before this Court in S.A.No.1527 of 1997 and

vide judgment and decree dated 09.10.1998, this Court has confirmed the

C.R.P. No.3077 of 2013

decree for removal of encroachment of 13 x 30 sq. ft. ordered in the First

Appeal stated above. Thereafter, the petitioners / decree holders / plaintiffs

filed E.P.No.90 of 1999 for execution of the decree, for removal of

encroachment. At that time, one Balasubramaniam and another filed an

application in E.A.No.264 of 2001 in E.P.No.90 of 1999 for dismissal of the

execution petition. He would further submit that as on date the delivery has

been effected and the E.P. Proceedings have been terminated and that

A.S.No.143 of 2012 filed by the obstructors has also been dismissed and

thereby the relief sought for in this petition has become infructuous.

3.Recording that the delivery of possession in favour of the petitioners

has been effected and that the Execution Petition in R.E.P.No.90 of 1999 has

been terminated, nothing survives in this petition for further adjudication.

This Civil Revision Petition stands dismissed as infructuous accordingly.

No costs.

07.04.2021 kas

Index : yes / no Internet : yes / no Speaking / Non Speaking order

C.R.P. No.3077 of 2013

A.D.JAGADISH CHANDIRA, J.

kas

To:

The Principal District Munsif Salem

C.R.P.No.3077 of 2013

C.R.P. No.3077 of 2013

07.04.2021