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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
The Commissioner, Erode Municipal Corporation – Petitioner
Versus
V.A. Thangaraju – Respondent
C.R.P. No. 3974 of 2022, C.M.P. No. 20669 of 2022
Decided On : 23-01-2023
Civil Procedure Code, 1908 – Section 115 – Civil Revision Petition – Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside docket order in E.A. in E.P. in O.S. on file of I Additional District – Held, Learned counsel for revision petitioner made a submission that Execution Proceedings in E.P. itself was terminated – Thus, no further adjudication is required in this Civil Revision Petition – C.R.P. closed.
ORDER :
Prayer: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the docket order dated 17.11.2022 in E.A. No. 5 of 2022 in E.P. No. 54 of 2021 in O.S. No. 23 of 2016 on the file of the I Additional District Munsif, Erode.
1. The learned counsel for the revision petitioner made a submission that the Execution Proceedings in E.P. No. 54 of 2021 itself was terminated. Thus, no further adjudication is required in this Civil Revision Petition.
2. Accordingly, the Civil Revision Petition in C.R.P. No. 3974 of 2022 stands closed. No costs. Consequently, connected Miscellaneous Petition is closed.
Court dismisses a civil revision petition as infructuous when the underlying proceedings have been closed.
A court will dismiss a revision petition as infructuous when the counsel for the petitioner informs the court that the relief sought is no longer necessary or actionable.
A revision petition against an interlocutory order becomes infructuous when the main suit is subsequently decreed and the petitioner has opted to challenge the decree through a regular appeal.
The execution of the delivery warrant resulting in the closure of the E.P. rendered the Civil Revision Petition infructuous.
Court determined the revision petitions as infructuous following the restoration of the initial suit, closing all related petitions without further adjudication.
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