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Madras High CourtCRP/3873/2016dismissed as infructuous

R. Rajagopal v. R. Anbalagan(Died)

2022-12-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Rajagopal ..

Petitioner Vs.

1. R.Anbalagan (died)

2. A.Rukmani

3. R.Manjula

4. Alli (Amended 2 to 4 respondents as legal heirs of the deceased 1st respondent vide Court order dated 26.04.2021) ..

Respondents Prayer : Civil Revision Petition filed under Section 115 of CPC to allow the CRP by setting aside the fair and decreetal order passed in I.A.No.1 of 2016 in O.S.No.139 of 2012 on the file of District Munsif cum Judicial Magistrate's Court, Kattumannarkoil. For Petitioner : Mr.V.Venkkatasamy For Respondents R1 : Died (Steps taken) R2 to R4 : Mr.A.Muthukumar

ORDER

The learned counsel for the petitioner would submit that this Civil Revision Petition is filed as against the dismissal of the application seeking post amendment of the plaint and the decree passed in O.S.No.139 of 2012 on the file of District Munsif cum Judicial Magistrate Court, Kattumannarkoil.

2. Pending this petition, the petitioner again filed a suit for partition in O.S.No.114 of 2022 on the file of the District Court, Cuddalore and it is pending for Trial.

3. Therefore, nothing survives in this petition for further adjudication. Accordingly, this Civil Revision Petition is dismissed as infructuous. No costs.

09.12.2022 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No mn

G.K.ILANTHIRAIYAN,J.

mn To

1. The District Munsif cum Judicial Magistrate Court, Kattumannarkoil.

2. The District Court, Cuddalore.

09.12.2022