Devarajan v. Pandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.07.2023

CORAM

THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN C.R.P.No.868 of 2016 and C.M.P.No.4802 of 2016 Devarajan

...Petitioner

Vs.

1.Pandian 2.Thulasi@Pankajam 3.Parthasarthy

...Respondents

Prayer:Civil Revision Petition filed under Article 227 of the Constitution of India to allow the above CRP, by setting aside the fair and decreetal order dated 20/11/2015, made in I.A.No.729/2013 in O.S.No.146/2013 on the file of the Additional District Munsif Court, Alandur. For Petitioner :Mr.T.R.Rajagopalan :Sr.Counsel for M/s.P.Veena Suresh For Respondents :-No AppearanceO R D E R The present civil revision petition is filed under Article 227 of the Constitution of India to allow the above CRP, by setting aside the fair and decreetal order dated 20/11/2015, made in I.A.No.729/2013 in O.S.No.146/2013 on the file of the Additional District Munsif Court,

Alandur.

2.In that suit an application was filed for rejection of the plaint. Learned counsel for the petitioner would state that subsequently, he has filed R.C.O.P.No.32 of 2013. Therefore, the relief that has been sought for in the suit has already been complied with. In other words, the plaintiff did not want to be evicted except otherwise in accordance with law and following the law, the landlord has filed the aforesaid RCOP. Therefore the cause of action for the present suit does not exist any more. 3.The learned District Munsif is requested to record the fact that eviction proceedings have been initiated and that no cause of action survives for the present suit.

4. This Civil Revision Petition stands dismissed with the above directions. No costs. Connected Civil Miscellaneous Petition is closed. 20.07.2023 Index : Yes/No : Yes/No nst

V. LAKSHMINARAYANAN.J., nst To:

Additional District Munsif Court, Alandur.

C.R.P.No.868 of 2016 and C.M.P.No.4802 of 2016 (3/4)