N.Aanai Muthu, v. Kanagha Rathinam,

C.R.P.(PD).No.2181 of 2010

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2019 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).No.2181 of 2010 and M.P.No.1 of 2010 N.Aanai Muthu ... Petitioner Vs.

1.Kanagha Rathinam 2.Minor Nithish Kumar rep by his mother and natural guardian Kanagha Rathinam 3.A.Thirupathivasan 4.Thaiyal Nayahi 5.Minor Renukadevi 6.Minor Durka Devi 7.Minor Manikandan respondents 5 to 7 represented by their court guardian K.Partheepan ... Respondents Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.04.2010 made in I.A.No.116 of 2010 in O.S.No.20 of 2010 on the file of the District Munsif, Rasipuram. For Petitioner : Mr.P.Mathivanan For Respondents : Not ready in notice

O R D E R

Mr.P.Mathivanan, learned counsel appearing for the petitioner submitted that the suit in O.S.No.20 of 2010 on the file of the District Munsif, Rasipuram itself has been dismissed for non-prosecution on 23.01.2018, therefore, the Civil Revision http://www.judis.nic.in Page 1 / 2

C.R.P.(PD).No.2181 of 2010 M. DURAISWAMY,J.

va Petition has become infructuous. Further, the learned counsel submitted that in the event of the suit being restored to file, liberty may be given to the petitioner to revive the Civil Revision Petition. The learned counsel also made an endorsement to that effect.

2.In view of the submission made by the learned counsel for the petitioner, the Civil Revision Petition is dismissed as infructuous and liberty is given to the petitioner to revive the Civil Revision Petition in the event of the suit in O.S.No.20 of 2010 on the file of the District Munsif, Rasipuram being restored to file. No costs. Consequently, the connected miscellaneous petition is closed. Index : Yes/No 27.09.2019 Internet : Yes Speaking /Non Speaking Order va To 1.The District Munsif, Rasipuram C.R.P.(PD).No.2181 of 2010 and M.P.No.1 of 2010 http://www.judis.nic.in Page 2 / 2