Madras High Court
M.K.Mohamed Yoosuf(Died) vs Shaik Noorudeen on 6 September, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P. No.2313of 2024 and C.M.P. No.12171 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.09.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P. No.2313 of 2024 and C.M.P. No.12171 of 2024
1.M.K.Mohamed Yoosuf(died),
S/o Mohamed Kassim,
S.A.R. Steels, New No.6, Old No.111,
Chennai-600 001.
2.Syed Ahamed Ammal,
No.38, Thambu Chetty Street,
GPO, Chennai-600 001. ... Petitioners
Vs.
Shaik Noorudeen ... Respondent
Prayer: Petition filed under Article 227 of the Constitution of India
against the judgment and decreetal order dated 08.02.2024 passed by the
learned VIII Small Causes Court, Chennai, in R.C.A.No.123 of 2022
confirming the fair and decreetal order dated 06.08.2022 against
R.C.O.P.No.1294 of 2017 by the XVI Court of Small Causes, Chennai.
For petitioner : Mr.D.Gopal Pandi
For Respondents : Mrs.Revathi Radhakrishnan
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C.R.P. No.2313of 2024 and C.M.P. No.12171 of 2024
ORDER
This civil revision petition has been filed against the judgment and
decree dated 08.02.2024 passed by the learned VIII Judge, Small Causes
Court, (FAC) Chennai, in R.C.A.No.123 of 2022 confirming the order of
eviction made in R.C.O.P.No.1294 of 2017 dated 06.08.2022 by the XVI
Court of Small Causes, Chennai.
2.When the above civil revision petition is taken up at 1.15p.m.,
there was no representation for the petitioners and the matter has been
passed over and it has been taken up again at 4.15p.m. At that time, the
learned counsel for the petitioners submitted that the possession has been
taken by the respondent and the petitioner had informed that his articles
are inside the premises. However, the petitioner's son has not turned up
to take the articles.
3.The E-Courts status of the XVI Judge, Court of Small Causes,
Chennai, the order in Case No.EP/0000390/2024 in Shaik Noorudeen
Vs, M.K.Mohamed Yoosuf(died) dated 03.09.2024 reads as follows:-
https://www.mhc.tn.gov.in/judis
C.R.P. No.2313of 2024 and C.M.P. No.12171 of 2024
“Decree Holder counsel present and stated that
possession taken. Warrant executed as per the Bailiff
report. Hence EP terminated on full satisfaction. List
of articles found along with bailiff report. Send notice
to judgment debtor to take return of articles. Sale
proceedings can be initiated if return not taken. EP
terminated on full satisfaction. No costs.”
4.A reading of the above order discloses that the Execution Court,
while terminating the execution proceedings, had ordered notice to the
judgment debtor to take the articles and if the articles have not been
taken, directed to initiate sale proceedings.
5. In view of the above, nothing survives for adjudication in this
civil revision petition and accordingly, the civil revision petition stands
closed. No costs. Consequently, connected C.M.P. is also closed.
06.09.2024
Index: Yes/No
raa
To
https://www.mhc.tn.gov.in/judis
C.R.P. No.2313of 2024 and C.M.P. No.12171 of 2024
1. XVI Judge, Court of Small Causes, Chennai.
2. VIII Judge, Court of Small Causes Chennai.
A.D.JAGADISH CHANDIRA, J.
raa
C.R.P. No.2313 of 2024 and
06.09.2024
https://www.mhc.tn.gov.in/judis
