Madras High CourtCRP/1930/2018dismissed as infructuous

Mallika v. D. Indhira

2018-07-04Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.07.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(NPD)No.1930 of 2018 and C.M.P.No.11170 of 2018 Mallika ... Petitioner Vs.

1. D.Indhira

2. Kamal Sundramurthy

3. Malathi ... Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 28.02.2018 passed in M.P.No.16 of 2018 in R.C.O.P.No.323 of 2017 by the learned XI Judge, Court of Small Causes, Chennai.

For Petitioner : Mr.T.M.Naidu

O R D E R

This civil revision petition has been filed against the order dated 28.02.2018 passed in M.P.No.16 of 2018 in R.C.O.P.No.323 of 2017 by the learned XI Judge, Court of Small Causes, Chennai. The petitioner herein is second respondent in the R.C.O.P.No.323 of 2018, which was filed by the first respondent herein. By order dated 11.09.2017, the petitioner was set exparte for

non-filing of counter. Hence the revision petitioner has filed a miscellaneous petition in M.P.No.16 of 2018 seeking to condone the delay of 36 days in filing the petition to set aside the order dated 11.09.2017. The Rent Controller has dismissed the above petition by order dated 28.02.2018 and the petitioner had obtained the copy of the above order on 23.03.2018 and preferred the present civil revision petition on 28.03.2018. Since it is stated that the main R.C.O.P. itself has been disposed of on 28.03.2018 i.e. date on which the present revision has been filed.

In view of the above fact that the main R.C.O.P. itself has been disposed of, nothing survives in the present civil revision petition and it has become infructuous. Accordingly, the revision petition is dismissed as infructuous. No costs.

04.07.2018 Index: Yes/No Internet: Yes/No cgi To The XI Judge, Court of Small Causes, Chennai.

P.VELMURUGAN, J., cgi C.R.P.(NPD)No.1930 of 2018 and C.M.P.No.11170 of 2018 04.07.2018