Madras High CourtCRP/2448/2018dismissed

Uma Kirubakaran v. Sriramulu Pillai (Died)

2021-07-27Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.No.15008 of 2018 1.Uma Kirubakaran 2.B.Kirubakaran 3.K.Aishwarya Devi Rep. by General Power of Attorney B.Kirubakaran ..Petitioners Vs.

Sriramulu Pillai(died) 1.V.Vijayakumari 2.P.Amul 3.P.Prakash 4.P.Gunasekaran 5.P.Ravathy Seeyalam Pillai(died) 6.Kanniammal 7.Desammal 8.Susilaammal 9.Jayanthi Dhanam(died) Juli(died) 10.Elumalai (set exparte on 15.11.2017 in lower court) 11.Chinnaponnu (set exparte on 15.11.2017 in lower court) 12.Rani (set exparte on 15.11.2017 in lower court) 13.Raji (set exparte on 15.11.2017 in lower court) 14.Selvam (set exparte on 15.11.2017 in lower court) 15.Sankar (set exparte on 15.11.2017 in lower court) 1/6

Srinivasan(died) 16.Elumalai (set exparte on 15.11.2017 in lower court) 17.Hemavathi @ Kotti (set exparte on 15.11.2017 in lower court) 18.Minor Sasi (set exparte on 15.11.2017 in lower court) 19.Minor Anitha (set exparte on 15.11.2017 in lower court) 20.Bhaskar 21.Indira @ Reeta 22.Ramesh 23.Valliammal (set exparte on 15.11.2017 in lower court) 24.Jamuna (set exparte on 15.11.2017 in lower court) 25.Selvi ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decretal order dated 20.06.2018 passed in IA.No.663 of 2017 in OS.No.978 of 1997 on the file of the District Munsif, Thiruvottiyur.

For Petitioners : Mr.J.R.K.Bhavanantham For Respondents For R1 to 5 : Mr.R.Krishnaswamy For R8 & 9 : Mr.S.Thiruvengadam For R6,7,10 to 19, 23,24,20 to 22,25 : No appearance 2/6

ORDER

This Civil Revision Petition is filed against the fair and decretal order dated 20.06.2018 passed in IA.No.663 of 2017 in OS.No.978 of 1997 on the file of the District Munsif, Thiruvottiyur.

2. The petitioners filed petition to implead themselves as party to the suit filed by the respondents 1 to 5. The same was dismissed and aggrieved by the same, the petitioners filed the present civil revision petition.

3. The learned counsel for the petitioners would submit that while pending the civil revision petition, the main suit itself was disposed of on 02.03.2019. Aggrieved by the same, the plaintiffs also preferred appeal suit in AS.No.26 of 2020 on the file of the Sub Court, Ponneri and it is pending.

4. Therefore, nothing survives in the present civil revision petition for further adjudication. Accordingly, this civil revision petition is dismissed. It is made clear that the dismissal of the civil revision petition is not an impediment for the appellate court to dispose of the 3/6

appeal on merits and in accordance with law. Consequently, connected miscellaneous petition is closed. No order as to costs. 27.07.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 4/6

To The District Munsif, Thiruvottiyur.

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G.K.ILANTHIRAIYAN,J.

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