Latharani Elizabeth vs Dharmalingam
2023 Latest Caselaw 14145 Mad

                                                                           C.R.P.(MD)No.2780 of 2023

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 01.11.2023

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                               C.R.P.(MD)No.2780 of 2023
                                                         and
                                              C.M.P.(MD)No.14522 of 2023


                    Latharani Elizabeth                                     ... Petitioner/
                                                                                Respondent/
                                                                                Defendant


                                                             Vs.


                    Dharmalingam                                            ... Respondent/
                                                                                Petitioner/
                                                                                Plaintiff

                    Prayer : This Civil Revision Petition filed under Section 115 of the Civil
                    Procedure Code, to set aside the fair and decreetal order made in E.P.No.
                    241 of 2022 in O.S.No.599 of 2017 on the file of the Principal
                    Subordinate Judge, Dindigul dated 14.08.2023.


                                     For Petitioner           : Mr.D.Venkatesh




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https://www.mhc.tn.gov.in/judis
                                                                             C.R.P.(MD)No.2780 of 2023



                                                         ORDER

The Civil Revision Petition is directed against the order passed in

E.P.No.241 of 2022 in O.S.No.599 of 2017 dated 14.08.2023 on the file of

the Principal Subordinate Court, Dindigul, ordering delivery.

2. It is seen from the records that the respondent has filed a suit in

O.S.No.599 of 2017 for recovery of possession and after trial, the suit was

decreed on 01.06.2022 and that thereafter, the decree holder has filed an

execution petition in E.P.No.241 of 2022 seeking delivery of possession.

3. The learned counsel appearing for the revision petitioner would

submit that earlier to the present suit, the revision petitioner has filed a suit

in O.S.No.35 of 2017 claiming permanent injunction not to evict him

except under due process of law and that during the pendency of the above

suit, the respondent has filed a counter claim for recovery of rent, but the

same was rejected.

4. A cursory perusal of the judgment passed in O.S.No.35 of 2017

would show that the learned trial Judge has observed that though the

defendants therein have filed their counter claim, the same was taken only

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2780 of 2023

as written statement and after trial, decreed the suit granting permanent

injunction in favour of the revision petitioner.

5. The learned counsel appearing for the revision petitioner would

submit that the revision petitioner challenging the judgment and decree

passed in O.S.No.599 of 2017 has preferred an appeal along with an

application to condone the delay in filing the same and the same is

pending.

6. When the matter is taken up for hearing today, the learned

counsel appearing for the revision petitioner would submit that the Court

has taken the possession of the property yesterday (31.10.2023).

7. Considering the above, nothing survives for further adjudication.

Hence, this Civil Revision Petition is dismissed as infructuous.

Consequently, connected Miscellaneous Petition is closed. No costs.

01.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2780 of 2023

K.MURALI SHANKAR,J.

csm

To

1. The Principal Subordinate Court, Dindigul.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in C.R.P.(MD)No.2780 of 2023 and C.M.P.(MD)No.14522 of 2023

Dated : 01.11.2023

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