R.Venugopal v. Raj Trading Co

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P(NPD)No.518 of 2011 and MP.No.1 of 2011 R.Venugopal represented by his power of attorney holder D.Ramakrishnan ... Petitioner 1.Raj Trading Co., Proprietor K.A.Ruhamathullah 2.Sri Ram & Co., D.No.605 & 606 Sathy road, Erode Town 3.Sri Ram & Partner Saraswathi, W/o S.Balasubramaniam D.No.605 & 606 Sathy road, Erode Town.

4.Sri Ram & Co., Partner S.Shanmugasundaram D.No.605 & 606 Sathy road, Erode Town.

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5.B.Saraswathi, 6.S.Vasanthamala .. Respondents Petitions filed under Section 115 of the Code of Civil Procedure against the Fair and Final Order passed in E.A.No.69 of 2008 in E.A.No.292 of 2006 in E.P.No.220 of 2005 on the file of the Ist Additional Sub Court, Erode dated 04.01.2011. For Petitioner : Mr.A.Sundaravadhanan For Respondents : R1 to R5 - Not ready notice No Appearance (for R6)

O R D E R

Mr.A.Sundaravadhanan, learned counsel for the petitioner submits that E.P.No.220 of 2005 before the I Additional Subordinate Judge, Erode has been dismissed for default. The present revision arises against an application filed in E.P.No.220 of 2005. Since the main E.P. itself has been dismissed for default, I am afraid, I cannot interfere with the impugned order at this stage. Hence, this civil revision petition is dismissed.

2.It is made clear that if E.P.No.220 of 2005 is restored, it is open to the petitioner to file a restoration application of the civil revision 2/4

petition. Granting that liberty, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 02.08.2023 Index:Yes/No Speaking order/Non-speaking order To The Ist Additional Sub Court, Erode.

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V. LAKSHMINARAYANAN,J.

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