Arikrishna Cavoundar vs R.M.S.Vasantha
2023 Latest Caselaw 251 Mad

                                                                                   C.R.P.No.2891 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 04.01.2023

                                                       CORAM

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

                                                 C.R.P.No.2891 of 2018
                                                          and
                                                C.M.P.No.16948 of 2018

                     1. Arikrishna Cavoundar
                     2. Allapitchai
                     3. Mariammal
                     4. Porkalaiselvi
                     5. Kalaiselvi                             ....         Petitioners

                                                          Vs

                     R.M.S.Vasantha                            ....         Respondent

                     Prayer :- Civil Revision Petition is filed under Section 115 of Code of
                     Civil Procedure to set aside the docket order dated 10.08.2018 made in
                     E.P.No.17 of 2014 in O.S.No.22 of 2008 on the file of the III Additional
                     District Judge at Puducherry.
                                            For Petitioner     :      Mr.T.Dhanasekaran
                                            For Respondent     :      Mr.Sai Srujan Tayi
                                                                      for M/s.Giridhar and Sai

                                                        ORDER

This Civil Revision Petition has been filed to set aside the

docket order dated 10.08.2018 made in E.P.No.17 of 2014 in O.S.No.22

of 2008 on the file of the III Additional District Judge at Puducherry, https://www.mhc.tn.gov.in/judis

C.R.P.No.2891 of 2018

thereby allowing I.A.No.177 of 2017 and dismissed the E.A.Nos.16, 17

and 18 of 2017.

2. In pursuant to allowing the I.A.No.177 of 2017, the

ex-parte order passed as against the Judgment Debtor was set aside.

Consequently, E.A.Nos.16, 17 & 18 of 2017 became infructuous.

Therefore, the Court below rightly ordered for fresh sale.

3. Though the first petitioner died, the other petitioners, being

the legal heirs of the deceased first petitioner, are already on record.

4. In view of the above, this Court finds no infirmity or

illegality in the docket order dated 10.08.2018 made in E.P.No.17 of

2014 in O.S.No.22 of 2008 on the file of the III Additional District Judge

at Puducherry. Accordingly, this Civil Revision Petition stands

dismissed. Consequently, connected miscellaneous petition is closed.

No costs.

04.01.2023

Index:Yes/No Internet:Yes/No Lpp https://www.mhc.tn.gov.in/judis

C.R.P.No.2891 of 2018

To

The III Additional District Judge, Puducherry.

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

C.R.P.No.2891 of 2018

G.K.ILANTHIRAIYAN, J.

Lpp

C.R.P.No.2891 of 2018 and C.M.P.No.16948 of 2018

04.01.2023

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