K.R.Ilavarasi vs S.Usha
2023 Latest Caselaw 6875 Mad

                                                                                 C.R.P.No.1886 of 2023

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 22.06.2023

                                                           CORAM:

                                  THE HONOURABLE Dr.JUSTICE D.NAGARJUN

                                               C.R.P.No.1886 of 2023
                                                        and
                                               C.M.P.No.12032 of 2023

                  K.R.Ilavarasi                                                  ... Petitioner

                                                            Vs.
                  S.Usha                                                         ... Respondent

                  PRAYER: Civil Revision Petition filed under Section 115 of the Civil
                  Procedure Code to allow the C.R.P. and set aside the fair and decreetal
                  order dated 02.02.2023 passed in E.P.No.2678 of 2019 in O.S.No.590 of
                  2014 by the X Assistant City Civil Court, Chennai.
                                   For Petitioner      :      Mr.K.Venkateswaran
                                   For Caveator        :      Mr.R.Thiagarajan


                                                       ORDER

This revision is filed, challenging the orders passed in E.P.No.2678

of 2019 in O.S.No.590 of 2014 dated 02.02.2023 on the file of the X

Assistant City Civil Court, Chennai.

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https://www.mhc.tn.gov.in/judis C.R.P.No.1886 of 2023

2. It is submitted by the learned counsel for the petitioner / Judgment

Debtor that the Execution Court without considering the fact that the decree

itself is a nullity, as decree was passed without considering the rights of the

petitioner in the disputed land.

3. During the course of submissions, Mr.R.Thiagarajan, learned

counsel for the Caveator, has submitted that E.P.No.2678 of 2019 in

O.S.No.590 of 2014 has already been allowed and possession was also

taken by the decree holder on 12.06.2023 and accordingly, the bailiff has

also filed a report before the Court.

4. It is brought to the notice of this Court by the learned counsel for

the petitioner that he moved an application in E.A.SR.No.36810 and 36811

of 2023 under Section 47 of C.P.C. and the said application was dismissed

at a threshold on 03.06.2023. It is submitted by the learned counsel for the

petitioner that the petitioner has filed an application for certified copies and

soon after obtaining the copies, the petitioner intends to prefer revision.

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https://www.mhc.tn.gov.in/judis C.R.P.No.1886 of 2023

5. In view of the above, since the possession has already been

delivered under the E.P.No.2678 of 2019 in O.S.No.590 of 2014 and

thereby the decree holder has taken over the possession, this revision has

become infructuous. This revision is, therefore, dismissed giving liberty to

challenge the orders passed in E.P.No.2678 of 2019 in O.S.No.590 of 2014.

The Execution Court is at liberty to terminate the execution petition by

following the due process of law.

6. With the observations, this Civil Revision Petition is dismissed as

infructuous. No Costs. Consequently, the connected Civil Miscellaneous

Petition is closed.

22.06.2023

Index :Yes/No Internet:Yes/No Neutral Citation Case: Yes/No ab

To

1.The X Assistant City Civil Court, Chennai.

2.The Section Officer, V.R.Section, High Court of Madras.

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https://www.mhc.tn.gov.in/judis C.R.P.No.1886 of 2023

Dr.D.NAGARJUN, J.

ab

C.R.P.No.1886 of 2023

22.06.2023

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