K.J.Ramaniammal vs Sri Kasiviswnantha Swamy Devasthanam
2024 Latest Caselaw 17560 Mad

Madras High Court

K.J.Ramaniammal vs Sri Kasiviswnantha Swamy Devasthanam on 4 September, 2024

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                          C.R.P.No.3568 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.09.2024

                                                   CORAM :

                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                             C.R.P.No.3568 of 2024
                                           and C.M.P.No.19335 of 2024
                1. K.J.Ramaniammal
                2. K.J.Sridhar
                3. A.Lalitha
                4. K.J.Jagadeesh                                        ... Petitioners

                                                      Vs

                Sri Kasiviswnantha Swamy Devasthanam,
                Represented by its Hereditary Trustee,
                Kanniammal (Decesased)
                1. A.Vinayagam
                2. A.Viswanathan
                3. K.A.Natarajan
                4. T.S.Visalakshi
                5. Parvatha Vardhini
                6. Saraswathi
                7. V.Santhanalakshmi                                    ... Respondents




                 1/4


https://www.mhc.tn.gov.in/judis
                                                                                      C.R.P.No.3568 of 2024

                PRAYER : Civil Revision Petition filed under Section 115 of the Civil Procedure

                Code, pleased to set aside the order passed by the Xth Assistant City Civil Court,

                Chennai dated 15.03.2023 made in E.A.SR.No.75591 of 2022 in E.P.No.1138 of

                2019 in O.S.No.1856 of 2000.


                                      For Petitioners   :   Mr.D.Nandhagopal
                                      For Respondents :     M.A.Lakshmipathi


                                                        ORDER

This Civil Revision Petition has been filed against the order passed by the

Xth Assistant City Civil Court, Chennai on 15.03.2023 in E.A.SR.No.75591 of

2022 made in E.P.No.1138 of 2019 in O.S.No.1856 of 2000.

2. Learned counsel for the petitioners submitted that the Executing Court has

not taken the judgment in the proper manner to decide the ownership of the suit

property. The Execution Court has failed to peruse the supporting documents filed

by the petitioners under Section 47 of CPC.

3. Learned counsel for the respondents submitted that the execution petition

in E.P.No.1138 of 2019 has been terminated as early as on 30.04.2024 and the

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possession has also been taken. He has also produced the certified copy of the

order passed in the execution petition.

4. Recording the submissions made by the learned counsel appearing for

both sides, this Court finds that nothing survives for further adjudication in this

revision petition, since the execution petition has been terminated and the

possession has also been taken by the Decree Holders.

5. Accordingly, this Civil Revision Petition stands closed. However, the

petitioners are at liberty to proceed in accordance with law. Consequently, the

connected Civil Miscellaneous Petition is also closed. No costs.

04.09.2024

Index : Yes / No Neutral Citation : Yes / No ham To The X Assistant City Civil Court, Chennai.

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

A.D.JAGADISH CHANDIRA, J.

ham

04.09.2024

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