Madras High CourtCRP/2538/2018closed

Marappan v. Subramani

2021-07-09Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(NPD) No.2538 of 2018 and CMP No.15421 of 2018 Marappan ...

Petitioner Vs

1. Subramani

2. Manimegalai

3. Dhanasekaran

4. Rajagopal

5. Chellammal

6. Boopathi @ Boopathyraja

7. Veerappa Gounder

8. Mani

9. Thangam @ Thangaraju

10. Singarayah

11. Anthoniyammal

12. Mani @ Selvaraj

13. Lilly Pushpa ...

Respondents Prayer :- Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 28.08.2017 made in I.A.No.62 of 2014 in A.S.No.36 of 2011 on the file of the Subordinate Court, Mettur.

For Petitioner : Mr.P.Valliappan For R1 to R3 : Mr.S.R.Shenbaga Baaby For R4 to R6 and R9 to R13 : Notice served For R7 : Died (steps due) For R8 : Not ready in notice 1/4

ORDER

This Civil Revision Petition is filed against the Fair and Decreetal Order dated 28.08.2017 made in I.A.No.62 of 2014 in A.S.No.36 of 2011 on the file of the Subordinate Court, Mettur, thereby dismissing the petition for rejection of the appeal suit.

2. The petitioner is the defendant and respondents 1 to 3 are the plaintiffs. The respondents 1 to 3 filed two suits and another suit was filed against the respondents 1 to 3. In all the suits, a common judgment and decree was passed on 25.08.2011. Aggrieved by the same, the respondents 1 to 3 herein filed only one appeal suit in A.S.No.36 of 2011. Therefore, the petitioner filed a petition under Order 7 Rule 11 to reject the appeal suit and the same was dismissed. Aggrieved by the same, the present Civil Revision Petition is filed by the petitioner.

3. The learned counsel for the petitioner would submit that pending the Civil Revision Petition, the appeal suit in A.S.No.36 of 2011 itself has been dismissed 2/4

4. Recording the said submission made by the learned counsel for the petitioner, nothing survives for further adjudication in this Civil Revision Petition. Hence, the Civil Revision Petition is closed. Consequently, connected Miscellaneous Petition is closed. No costs. 09.07.2021 lpp Index:Yes/No Internet:Yes/No Speaking Order: Yes/No To The Subordinate Judge, Mettur.

3/4

G.K.ILANTHIRAIYAN.J, lpp C.R.P.(NPD) No.2538 of 2018 and CMP No.15421 of 2018 09.07.2021 4/4