S.Sampath Kumar v. S.Habiba Bai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022 CORAM : JUSTICE N.SESHASAYEE and C.M.P.No.1637 of 2019 S.Sampath Kumar ... Petitioner / Petitioner / Plaintiff Vs.

1.S.Habiba Bai 2.G,Madanlal 3.K.Sivagama Sundari ... Respondents 1 to 3 / Respondents 1 to 3 / Defendants 1 to 3 4.Babita 5.Praveen 6.Risha ... Respondents 4 - 6 / Proposed Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order dated 30.11.2018 in I.A.No.74 of 2018 in O.S.No.146 of 2013 on the file of the learned Sub Judge, Udhagamandalam by allowing the Civil Revision Petition. For Petitioner :

Mr.A.Gokulakrishnan For Respondents :

Mr.A.G.Rajan for R2 Mr.N.Sampath for R3 1/3

ORDER

This revision is preferred against the order dated 30.11.2018 in I.A.No.74 of 2018 in O.S.No.146 of 2013 on the file of the Sub Court, Udhagamandalam. The aforesaid application is taken out by the plaintiff / revision petitioner under Order I Rule 10 to implead certain respondents as party-respondents.

2. The learned counsel for the third respondent circulated a copy of the judgment of the trial Court dated 13.03.2019, that during the pendency of this revision, the suit itself came to be dismissed for default and that till date no steps have been taken to restore it.

3. The statement is recorded and therefore, the present civil revision petition has become infructuous and closed. No costs. Consequently, connected miscellaneous petition is closed.

08.03.2022 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds To:

The Sub Judge, Udhagamandalam.

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N.SESHASAYEE.J., ds 08.03.2022 3/3