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Madras High CourtCRP/3845/2013dismissed as infructuous

S.Duraisamy v. T.Aravind

2019-02-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRP NPD No.3845 of 2013 and M.P.No.1 of 2013 S.Duraisamy ... Revision petitioner Vs.

1. T.Aravind

2. T.Arulmurugan ... Respondents Prayer : Civil Revision Petition filed under Article 115 of the Code of Civil Procedure against the order dated 19.08.2013 passed in I.A.No.172 of 2013 in I.A.No.443 of 2012 in O.S.No.3 of 1967 by the Principal Subordinate Judge, Salem.

For Revision Petitioner : Mr.G.Rajan For Respondents 1 and 2 : No appearance

O R D E R

Revision petition filed against the order of the trial court, dismissing the application in I.A.No.172 of 2013 in I.A.No.443 of 2012 in O.S.No.3 of 1967.

2. The learned counsel appearing for the revision petitioners submit that the petition in I.A.No.172 of 2013 had been filed before the trial court to decide the maintainability of the application in I.A.No.443 of 2012 as preliminary issue and reject the said I.A.No.443 of 2012. He further submit that since the application in I.A.No.443 of 2012 itself was disposed of by the trial court, nothing survives in this petition for further adjudication.

3. In view of the submission made by the learned counsel for the petitioner, this Civil Petition is dismissed as having become infructuous. The connected civil miscellaneous petition is closed. 13.02.2019 mst Index : yes/no Internet : yes/no Speaking order/non-speaking order To The Principal Subordinate Judge, Salem.

N.SATHISH KUMAR. J., mst CRP NPD No.3845 of 2013 and M.P.No.1 of 2013 13.02.2019