K.Subbarayan v. The Baniyan Factory Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2019 CORAM :
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR C.R.P(PD) Nos.3730 & 3731 of 2013 and M.P.No.1 & 1 of 2013 C.R.P(PD)No.3730 of 2013:
1. K.Subbarayan
2. S.Ravichandran
3. M.Subramaniam @ Ravi
4. R.Dhandapani
5. C.Kumar
6. C.Palanisamy
7. G.Kaliappan
8. P.R.Nataraj
9. N.Sekar
10. S.Mani
11. S.Selvaraj
12. Communist Party of India, Rep. by M.Subramaniam @ Ravi, Having office at 326, PKR Illam, B.S.Sundaram, Uttukuli Road, Tiruppur.
... Petitioners/Defendants Vs.
The Baniyan Factory Labour Union, Rep. by its General Secretary, K.Balamani, No.502, P.N.Road, Tiruppur Town, Tiruppur District. ... Respondent/Plaintiff
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 26.06.2013 made in I.A.No.902 of 2013 in O.S.No.213 of 2013, on the file of the District Munsif Court, Tiruppur.
C.R.P(PD)No.3731 of 2013:
1. K.Subbarayan
2. S.Ravichandran
3. M.Subramaniam @ Ravi
4. R.Dhandapani
5. C.Kumar
6. C.Palanisamy
7. G.Kaliappan
8. P.R.Nataraj
9. N.Sekar
10. S.Mani
11. S.Selvaraj
12. Communist Party of India, Rep. by M.Subramaniam @ Ravi, Having office at 326, PKR Illam, B.S.Sundaram, Uttukuli Road, Tiruppur.
... Petitioners/Defendants Vs.
The Baniyan Factory Labour Union, Rep. by its General Secretary, K.Balamani, No.502, P.N.Road, Tiruppur Town, Tiruppur District. ... Respondent/Plaintiff PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to strike of the plaint in O.S.No.213 of 2013 on the file of the District Munsif Court, Tiruppur.
For Petitioners in both revisions : M/s.MA.P.Thangavel For Respondents in both revisions : M/s.P.M.Duraisamy C O M M O N O R D E R There is no representation on behalf of the revision petitioners on the last hearing and even today there is no representation. The learned counsel appearing for the respondents submitted that the trial itself is over and the case is posted for arguments. Since, these petitions are filed as against the order of the trial Court granted interim injunction as well as direction, this Court is of the view that, when the trial itself is already over and hence, nothing survives in these revision petitions.
2. Hence, these two Civil Revision Petitions are dismissed giving liberty to the revision petitioners to canvas the case on merits during arguments in the trial. No costs. Consequently, connected miscellaneous petition is also closed.
21.02.2019 Index: Yes/No Speaking/ Non-Speaking ssi
N.SATHISH KUMAR, J.
ssi To
1. The District Munsif Court, Tiruppur.
2. The Section Officer, VR Section, Madras High Court. C.R.P(PD) Nos.3730 & 3731 of 2013 21.02.2019