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Madras High CourtCRP/282/2023dismissed as infructuous

K.Kandasamy (Died) v. M. Arumugam

2024-07-16Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.2349 of 2023 K.Kandasamy (Died) 1.Mangaiyar Thilagam 2.Varalakshmi 3.Velmurugan 4.Rajesh .. Petitioners Vs.

M.Arumugam .. Respondent Prayer : The Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the impugned fair and decreetal order, dated 30.11.2022, in I.A.No.2 of 2022 in O.S.No.119 of 2011 on the file of the learned Principal Subordinate Judge at Puducherry. Page No 1 of 4

For Petitioners : Mr.S.Sudarshan For Respondent : Mr.E.Chandrasekaran

ORDER

The present Civil Revision Petition arises against an order passed by the learned Principal Subordinate Judge at Puducherry in I.A.No.2 of 2022 in O.S.No.119 of 2011 dated 30.11.2022.

2. I.A.No.2 of 2022 has been filed by the defendants seeking to issue summons to one Vengadasalam, S/o.Thangarasu Gounder, residing at No.123, South Street, Bahour, Pondicherry - 607 402.

3. When the revision was taken up for hearing, Mr.S.Sudarshan represents that the said witness Vengadasalam passed away on 23.06.2024. He is beyond the power of the Court to summon him to give evidence. Therefore, nothing remains in the present revision. Page No 2 of 4

4. Accordingly, the Civil Revision Petition stands dismissed as infructuous. No costs. The connected Civil Miscellaneous Petition is closed.

16.07.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 To The learned Principal Subordinate Judge, Puducherry and C.M.P.No.2349 of 2023 16.07.2024 Page No 4 of 4