D.Murugadoss vs M.Govindhasamy (Died)
2025 Latest Caselaw 7907 Mad

Madras High Court

D.Murugadoss vs M.Govindhasamy (Died) on 16 October, 2025

                                                                                           C.R.P.No.3288 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 16-10-2025
                                                    CORAM
                                    THE HONOURABLE MR.JUSTICE P.B. BALAJI
                                    C.R.P.No.3288 of 2024 and CMP No.17573 of 2024


                  D.Murugadoss                                                                .... Petitioner

                                                                   vs

                      M.Govindhasamy (Died)

                  1. The Commissioner,
                     Nagapattinam Municipality,
                     Nagapattinam.

                  2. Dhanalakshmi
                  3.Sujithran
                  4.Dhatchaniya
                  5.Srivaran                                                                  ... Respondents

                            Revision filed under Article 227 of the Constitution of India against the
                  orer date 25.06.2024 made in unnumbered EA .. of 2024 in E.P.No.4 of 2012
                  in O.S.No.310 of 2005 on the file of District Munsif Court, Nagapattinam.
                                    For Petitioner       :         Mr.M.S.Palaniswamy
                                    For Respondents :              R.1 to R.3 & R.5 – No appearance
                                                                   R.4 – Not ready in notice




                                                              ORDER

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Heard the learned counsel for the revision petitioner/judgment debtor.

2. The respondents, despite service of notice, have not chosen to appear

either in person or through counsel.

3. Learned counsel for the petitioner would firstly contend that the

execution petition itself was dismissed on 26.08.2025 and secondly, learned

counsel would invite my attention to the order of this Court in CRP No.3965

of 2016 dated 09.08.2024 where, this Court directed a Senior Advocate to be

appointed as the Commissioner to oversee the delivery to be effected by the

Amin.

4.Learned counsel for the petitioner would state that in pursuance of

the said order, the Commissioner was appointed and at the time of attempting

delivery, it was noticed that there was no encroachment made by the revision

petitioner.

5. In view of the above and also considering the fact that E.P.No.4 of

2012 has been dismissed on 26.08.2025, nothing survives for consideration in

this revision.

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6. In the result, the civil revision petition is dismissed. It is open to the

revision petitioner to revive his revision in the event of the

respondents/decree holders choosing to restore the Execution Petition.

No costs. Consequently, connected miscellaneous petition is closed.

16.10.2025

Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr

To

The District Munisf Court, Nagapattinam

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P.B.BALAJI.,J

sr

16.10.2025

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