T. MUNUSAMY Vs. M. SHIVASANKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the decree and order, dated 02.01.2013, passed in I.A.No.65 of 2011, in O.S.No.21 of 2011, on the file of the Principal District Judge, Thanjavur.

(2.) It is seen that on 17.03.2021, the appellants'' counsel has represented that he has handed over the bundle to the parties. When the matter was taken up for hearing on 16.04.2021, the learned counsel for the respondent represented that the Original Suit was already disposed of on 06.02.2014 and the Execution Petition was also closed on 01.02.2018 and nothing survives for adjudication. On the basis of that representation, this Court call for report from the trial Court.

(3.) A perusal of the report from the trial Court reveals that the Original Suit in O.S.No.21 of 2011 was decreed on 06.02.2014. On the basis of the decree Execution Petitions in E.P.Nos.34 and 71 of 2014 were filed and both the Execution petitions were struck by this Court, vide order, dated 07.07.2015, in C.R.P.(NPD)(MD)No.1022 and 1023 of 2015, permitting the revision petitioners / plaintiffs to approach the trial Court, seeking amendment of the decree. On the basis of the order, the plaintiffs / appellants herein filed a petition to amend the decree and that petition was allowed on 26.10.2015. E.P.No.36 of 2007 was filed by the plaintiff for delivery of possession, then Execution Petition was transferred to Additional District Court (Fast Track Court), Kumbakonam and was renumbered as E.P.No.67 of 2017 on 01.02.2018, delivery was recorded and E. P. was closed.