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Madras High CourtCRP/4/2014dismissed as infructuous

S.Palani v. A.Devaraj

2017-10-30Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.4 of 2014 1.S.Palani 2.S.Arumugam .. Petitioners Vs.

A.Devaraj .. Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, against the order dated 05.12.2013 made in C.M.A.No.13 of 2009 on the file of the Sub Court, Kanchipuram, against the order dated 03.08.2009 made in I.A.No.618 of 2009 in O.S.No.155 of 2009 on the file of the District Munsif Court cum Judicial Magistrate's Court, Sriperumbudur.

For Petitioners : Mr.M.Guruprasad For Respondent : Mr.M.Saravana Kumar

ORDER

The Civil Revision Petition is filed against the order dated 05.12.2013 made in C.M.A.No.13 of 2009 on the file of the Sub Court, Kanchipuram, against the order dated 03.08.2009 made in I.A.No.618 of 2009 in O.S.No.155 of 2009 on the file of the District Munsif Court cum Judicial Magistrate's Court, Sriperumbudur.

2. The petitioners are the defendants and respondent is the plaintiff in O.S.No.155 of 2009. The respondent filed the said suit for permanent injunction. Pending suit, the respondent filed I.A.No.618 of 2009 for interim injunction. The petitioners opposed the said application. After contest, the learned Judge dismissed the application. Challenging the same, the respondent filed C.M.A.No.13 of 2009. The learned Appellate Judge allowed the appeal granting interim injunction in favour of the respondent. Against the said judgment dated 05.12.2013 made in C.M.A.No.13 of 2009, the present Civil Revision Petition is filed by the petitioners.

3. When the Civil Revision Petition is taken up for hearing,

the learned counsel appearing for the petitioners and respondent submitted that the suit has already been decreed and the Civil Revision Petition has become infructuous.

4. Recording the submissions made by the learned counsel for the petitioners as well as the respondent, the Civil Revision Petition is dismissed as infructuous. No costs. 30.10.2017 dm/kj To 1.The Subordinate Judge, Kanchipuram.

2.The District Munsif cum Judicial Magistrate Sriperumbudur.

V.M.VELUMANI, J.

dm/kj C.R.P.(PD)No.4 of 2014 30.10.2017