M.A.Mohammed Jaleel v. A.K.Nageswara Rao

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 29.01.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C..R.P.(NPD) No.108 of 2018 and C.M.P.No.560 of 2018 M.A.Mohammed Jaleel Proprietor, London Fancy Stores, Purasawalkam High road, Chennai 600 010.

.. Petitioner Vs.

1 A.K.Nageswara Rao 2 Bagirathi ... Respondents This Civil Revision Petition is filed under section 227 of Constitution of India against the order dated 24.3.2017 made in C.M.P.No.225 of 2017 in Tr.O.P.No.159 of 2016 on the file of the Principal Judge, City Civil Court, Chennai.

For Petitioner : Mr.Rajakalifullah Sr. Counsel for Mr.M.Abdul Nazeer For Respondent : Mr.S.Pugalendi *****

O R D E R

The learned counsel for the respondent would submit that judgment was delivered in the main case by the court below on 19.1.2018 and therefore, the Civil revision petition has become infructuous. 2 The learned counsel for the petitioner would submit that this Court granted interim order on 19.1.2018 and the same was communicated to the court below on the same day.

3 In reply, the learned counsel for the respondent would submit that the judgment and decree have been passed by the court below at 11.00 a.m. Therefore, nothing survives in the civil revision petition. 4 In the light of the judgment and decree have been passed by the court below in the main case, the civil revision petition has become infructuous. It is open to the petitioner to challenge the judgment and decree in the appeal and also to raise all the grounds raised in the present civil revision petition.

5 Accordingly, the Civil revision petition is dismissed as

infructuous. However, on instruction, counsel for the respondent undertakes that he will not disturb the possession of the petitioner for ten days from today. No costs. Connected miscellaneous petition is closed. 29.1.2018 Speaking/Non Speaking order Index: Yes/No Note: Issue order copy on 30.1.2018 vaan To The II Additional District Judge, Tiruppur. D.KRISHNAKUMAR,J.

vaan C.R.P.(PD) No.108 of 2018 and C.M.P.No.511 of 2018 Dated: 29.1.2018