A.Chinnaramu vs A.Nagarajan
2023 Latest Caselaw 2017 Mad

                                                                                  C.R.P.(MD)No.331 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 07.03.2023

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                    C.R.P.(MD)No.331 of 2021
                                                              and
                                                   C.M.P.(MD)No.1866 of 2021

            A.Chinnaramu                                                                    .. Petitioner

                                                               Versus

            1.A.Nagarajan
            2.P.Muthu                                                                       .. Respondents


            Prayer:- Petition filed under Section 115 of C.P.C., against the impugned order of
            delivery dated 07.11.2020, made in E.P.No.12 of 2020 in O.S.No.78 of 2015, on the
            file of the District Munsif Court, Periyakulam, Theni District.


                                  For Petitioner           :       Mr.R.Shankar Ganesh
                                                                   for M/s.Ditum Law Firm

                                                           ORDER

This Civil Revision Petition has been filed against the impugned order, dated

07.11.2020, made in E.P.No.12 of 2020 in O.S.No.78 of 2015, on the file of the

District Munsif Court, Periyakulam, Theni District.

2. The main ground of challenge to the impugned order is that the order has

been passed without mandatory notice to the petitioner. https://www.mhc.tn.gov.in/judis

C.R.P.(MD)No.331 of 2021

3. The facts on record indicate that the petitioner herein is the second

defendant in O.S.No.78 of 2015, on the file of District Munsif Court, Periyakulam,

Theni District, filed by the first respondent herein. The said suit was decreed on

22.11.2018 and thereafter, further appeal in A.S.No.6 of 2019, filed by the petitioner,

was also dismissed by the Subordinate Court, Periyakulam, Theni District, vide

judgment and decree, dated 24.03.2020. Thereafter, in the E.P. proceedings, the

Court has ordered delivery of the said property, by exercising the power under

proviso to Rule 22(1) Order XXI of C.P.C.

4. Considering the fact that the property has already been delivered, there is no

merit in the challenge to the impugned order at this distant point of time. Therefore,

this Civil Revision Petition is dismissed as infructuous. No costs. Consequently,

connected Miscellaneous Petition is closed.

            NCC : Yes/No                                                 07.03.2023
            Index : Yes/No
            Internet : Yes/No
            smn2

            To
                      The District Munsif,
                      Periyakulam, Theni District.




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



                                     C.R.P.(MD)No.331 of 2021

                                        C.SARAVANAN, J.


                                                       smn2




                                             Order made in
                                  C.R.P.(MD)No.331 of 2021




                                                 07.03.2023




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