Madras High Court
T.Munusamy vs M.Shivasankaran on 15 June, 2021
C.M.A.(MD)No.630 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
C.M.A.(MD)No.630 of 2013
and
M.P.(MD)No.1 of 2013
1.T.Munusamy
2.M.Jeyashree ... Appellants / Petitioners
Vs.
M.Shivasankaran ... Respondent / Respondent
Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1(r) of the Code
of Civil Procedure, against the decree and order, dated 02.01.2013, passed in
I.A.No.65 of 2011, in O.S.No.21 of 2011, on the file of the Principal District
Judge, Thanjavur.
For Appellants : No appearance
For R1 : Mr.A.Thiagarajan
For R2 : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is filed against the decree and
order, dated 02.01.2013, passed in I.A.No.65 of 2011, in O.S.No.21 of 2011, on
the file of the Principal District Judge, Thanjavur.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.630 of 2013
2.It is seen that on 17.03.2021, the appellants'' counsel has
represented that he has handed over the bundle to the parties. When the matter
was taken up for hearing on 16.04.2021, the learned counsel for the respondent
represented that the Original Suit was already disposed of on 06.02.2014 and
the Execution Petition was also closed on 01.02.2018 and nothing survives for
adjudication. On the basis of that representation, this Court call for report from
the trial Court.
3.A perusal of the report from the trial Court reveals that the Original
Suit in O.S.No.21 of 2011 was decreed on 06.02.2014. On the basis of the
decree Execution Petitions in E.P.Nos.34 and 71 of 2014 were filed and both
the Execution petitions were struck by this Court, vide order, dated 07.07.2015,
in C.R.P.(NPD)(MD)No.1022 and 1023 of 2015, permitting the revision
petitioners / plaintiffs to approach the trial Court, seeking amendment of the
decree. On the basis of the order, the plaintiffs / appellants herein filed a
petition to amend the decree and that petition was allowed on 26.10.2015.
E.P.No.36 of 2007 was filed by the plaintiff for delivery of possession, then
Execution Petition was transferred to Additional District Court (Fast Track
Court), Kumbakonam and was renumbered as E.P.No.67 of 2017 on
01.02.2018, delivery was recorded and E. P. was closed.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.630 of 2013
4.It is seen that the defendant has filed a petition to set aside the order
of recording delivery along with a petition under the Limitation Act. It is seen
that the Original Suit was disposed of in the year 2014 and delivery was
recorded in the year 2018 and this Civil Miscellaneous Appeal is filed only
against the I.A. Order in the Original Suit.
5.In the above circumstances, there is nothing sufficient enough for
adjudication in this matter and hence, this Civil Miscellaneous Appeal is
dismissed as infructuous. No costs. Consequently, connected Miscellaneous
Petition is closed.
15.06.2021
Index : Yes / No
Internet : Yes / No
Ls
To
1.The Principal District Judge,
Thanjavur.
2. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.630 of 2013
R.THARANI.,J.
Ls
C.M.A.(MD)No.630 of 2013
15.06.2021
https://www.mhc.tn.gov.in/judis/
