G.Devarajan v. C.K.Marudachala Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2019

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and M.P.No.1 of 2011 G.Devarajan ... Petitioner/1st Defendant

Versus

1.C.K.Marudachala Gounder ...1st Respondent/Plaintiff 2.P.Rajendran 3.Baby Rajendran ... Respondents 2 & 3/ Defendants 2 & 3 4.K.K.Kannan 5.K.Sagunthaladevi 6.Thilagarajan

...Respondents 4 to 6/

Proposed parties This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and final order dated 08.06.2011, made in I.A.No.9 of 2011 in O.S.No.1166 of 2010, on the file of the learned III Additional Subordinate Judge, Coimbatore.

For Petitioners : Mr.K.S.Karthik Raja For R1 : Mr.C.R.Prasanan For R2 & R6 : No appearance 1/4

J U D G M E N T

This Civil Revision Petition has been filed against the order dated 08.06.2011, passed in I.A.No.9 of 2011 in O.S.No.1166 of 2010, by the learned III Additional Subordinate Judge, Coimbatore. The first defendant in the suit O.S.No.1166 of 2010 is the revision petitioner herein, which is filed by the first respondent herein for specific performance of the suit sale agreement dated 10.11.1997. While the suit was pending, the first respondent herein has filed I.A.No.211 of 2001 to implead the second and third respondents therein as defendants 2 and 3 in O.S.No.217 of 2000 and the same was allowed on 02.08.2001 and the impleading application in I.A.No.9 of 2011 to implead K.K.Kannan, K.Sagunthaladevi, Thilagarajan, as defendants in the suit, was dismissed and aggrieved by the same, he has preferred the present revision.

The learned counsel for the first respondent/plaintiff would state that as the plaintiff died and the suit in O.S.No.154 of 2010 was closed as abated. As per the case status furnished in the Internet/E-Court, the pleadings stands abated and there is no useful purpose will be served in deciding this 2/4

Civil Revision Petition.

In the result, the Civil Revision Petition stands disposed of with the above observations and in the event of the suit being restored, it is open to the parties to agitate the same before the appropriate forum. No costs. Consequently, connected miscellaneous petition is also closed.

09.12.2019 dua Speaking Order:Yes/No To The III Additional Subordinate Judge, Coimbatore.

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RMT.TEEKAA RAMAN., J.

dua and M.P.No.1 of 2011 09.12.2019 4/4