Madras High CourtCRP/1211/2023dismissed

Palaniammal v. Kandhasamy

2024-12-12Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN C.R.P.(PD) Nos.1211 & 1696 of 2023 & CMP Nos.8272 & 11097 of 2024 In both CRP Nos.1211 & 1696 of 2023

1. Palaniammal

2. Rajammal

3. S.P.Rathinasamy

4. S.P.Velusamy

5. Saradhamani

6. S.P.Jotheeswaran

7. Vasanthamani

8. S.P.Anandkumar

9. N.M.Ramamoorthy .. Petitioners

Versus

1. Kandhasamy

2. Palanisamy (Died)

3. Kowsik Saravana .. Respondents

4. Chidambaram

5. Saraswathi

6. Subbulakshmi (Respondents 4 to 6 are brought on record as LRs of the deceased R2 viz. Palanisamy vide Court order dated 11.10.2023 made in CMP Nos.15484 to 15486 of 2023 in CRP No.1696 of 2023 by TVTSJ) Prayer in CRP No.1211 of 2023: Civil Revision Petition filed under Article

227 of the Constitution of Indi,a praying to strike off the plaint in O.S.No.175 of 2023 on the file of the Principal District Munsif Court, Coimbatore by allowing this Civil Revision Petition by exercising the power conferred under Article 227 of the Constitution of India. Prayer in CRP No.1696 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order of temporary injunction dated 22.02.2023 made in I.A.No.2 of 2023 in O.S.No.175 of 2023 on the file of Principal District Munsif Court, Coimbatore by allowing this Civil Revision Petition.

In both CRP Nos.1211 & 1696 of 2023 For Petitioner : Mr.Anandhamoorthy Mr.S.Kousik For Respondents : Ms.Haritha for Mr.S.Mahaveer Shivaji for R1 COMMON ORDER When the revision and the miscellaneous petitions were taken up for hearing, Mr.V.Ananthamoorthy and Mr.R.Balagurusamy and Ms.Haritha represented that the suit in O.S.No.175 of 2023 itself has been dismissed for default on 14.08.2024. When the suit itself has been dismissed for default, there is nothing for me to revise. Hence, these Civil Revision Petitions are closed.

2. It is made clear that, in case the suit is restored, liberty is granted to the civil revision petitioners to restore the revisions. Since the civil miscellaneous petitions filed by the purchasers have been dismissed, as the main revisions are dismissed, on the civil revision petitions being restored, the civil miscellaneous petitions will automatically stand restored. No costs. Consequently, connected miscellaneous petitions are also closed. 12.12.2024 Index : Yes/No : Yes/No kal To The Principal District Munsif Court, Coimbatore V.LAKSHMINARAYANAN J.

kal C.R.P.(PD) Nos.1211 & 1696 of 2023 & CMP Nos.8272 & 11097 of 2024 12.12.2024