V.Ramasamy v. Karunaiammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.8385 of 2025 V.Ramasamy ... Petitioner Vs.

1.Karunaiammal 2.S.Subbanna Gounder @ Subbaiyan 3.K.Palanisamy 4.Ramasamy 5.Duraisamy 6.Velusamy 7.Rajeswari 8.Mallika 9.Jagadeeswari 10.Ramachandran 11.Revathy 12.Palaniammal 13.Valarmathi ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order dated 17.12.2024 passed in I.A.No.173 of 2022 in I.A.No.355 of 2018 in O.S.No.227 of 2011 on the file of Sub Court, Palladam.

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For Petitioner :

Mr.K.Govi Ganesan For Respondents :

Mr.C.R.Prasanan for R1

ORDER

The revision petitioner is a third party to the suit in O.S.No.227/2011 who has filed I.A.No.173 of 2022 on the file of Sub Court, Palladam, to implead himself in the application in I.A.No.355 of 2018 filed by the plaintiff/first respondent herein to pass a final decree. The said I.A.No.355 of 2018 came to be dismissed by order dated 17.12.2024, challenging which, the present revision petition is filed.

2. The learned counsel appearing for the revision petitioner would now submit that final decree was passed in O.S.No.227/2011, and therefore, the present revision filed by him has become infructuous. However, he seeks liberty to challenge the said final decree in O.S.No.227/2011.

3. Recording the submissions made by the learned counsel for the revision petitioner, this revision petition is dismissed as infructuous. It is 2/4

made clear that this order does not preclude the revision petitioner from initiating such proceedings as he is entitled to in challenging the final decree in O.S.No.227/2011. No costs. Consequently, connected miscellaneous petition is closed.

07.04.2025 Index : Yes / No ds To:

1.The Sub Judge Palladam.

2.The Section Officer VR Section, High Court, Madras.

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P.T. ASHA, J, ds 07.04.2025 4/4