Varadhan v. G.Mani(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HONOURABLE THIRU JUSTICE A.D.JAGADISH CHANDIRA Varadhan .... Petitioner vs 1.G.Mani (died) 2.G.Krishnamurthy 3.G.Venkatesan 4.G.Anbzhagi 5.G.Shanthi 6.G.Vijaya 7.M.Saravana 8.M.Bharath 9.P.Somya (Respondents 7 to 9 are brought on record as LRs of the deceased 1st respondent vide Court order dated 08.03.2024 made in CMP No.

4304 of 2024 in CRP No.1357 of 2011) .... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against fair and decreetal order dated 31.01.2011 passed in I.A.No.38 of 2009 in A.S.No.99 of 2008 on the file of Principal District Court, Tiruvallur. For Petitioner : Mr.K.Rajkumar 1/4

For Mr.R.Bharath Kumar For Respondents : Mr.R.Vijaya Raghavan For R.2 to R.6 Ms P.Radhika For R.7 to R.9 R.1 - died

O R D E R

The Civil Revision Petition has been filed against the fair and decreetal order dated 31.01.2011 passed in I.A.No.38 of 2009 in A.S.No.99 of 2008 on the file of Principal District Court, Tiruvallur.

2. The respondent in A.S.No.99 of 2008 on the file of Principal District Court, Tiruvallur has filed the present revision. During the pendency of the appeal, the respondents herein, who are the appellants in A.S.No.99 of 2008 have filed an application in I.A.No.38 of 2009 under Order 41 Rule 27 of Code of Civil Procedure, seeking for filing of additional evidence. The lower appellate Court has allowed the application by impugned order dated 31.01.2011. Challenging the same, the present revision has been filed by the petitioner, who is the respondent in A.S.No.99 of 2008.

3. It is now submitted by the learned counsel for the respondents that no 2/4

stay was granted by this Court and the lower appellate Court, after marking Exs.B.1 to B.17, as additional documents, allowed A.S.No.99 of 2008 on 31.01.2011 and as against the judgment passed in A.S.No.99 of 2008 the revision petitioner herein has filed Second Appeals in S.A.Nos.401 and 402 of 2011 and the same are pending before this Court and therefore submits that the Civil Revision Petition may be closed as they have become infructuous.

4. Learned counsel for the revision petitioner submits that liberty may be granted to the petitioner to canvas his submissions before this Court in S.A.Nos.401 and 402 of 2011.

5. In view of the above, CRP No.1357 of 2011 is closed with a liberty to the revision petitioner to make his submissions in S.A.Nos.401 and 402 of 2011. No costs.

25.10.2024 sr Index:yes/no website:yes/no A.D.JAGADISH CHANDIRA,J,.

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sr To The Principal District Court, Tiruvallur CRP No.1357 of 2011 25.10.2024 4/4