Pongiyan v. Sn Rathinam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(NPD) No.2427 of 2009 & M.P.No.1 of 2009 Pongiyan .. Petitioner Vs.

S.N.Rathinam .. Respondent PRAYER: Civil Revision Petition filed under Section 115 CPC, against the order dated 03.04.2009 passed in I.A.No.164 of 2008 in A.S.No.8 of 2008 on the file of the Subordinate Judge, Tiruchengode. For Petitioner : Mr.C.Jagadish For Respondent : M/s.K.Priya

ORDER

The present Civil Revision Petition is filed against the order dated 03.04.2009 passed in I.A.No.164 of 2008 in A.S.No.8 of 2008 on the file of the Subordinate Judge, Tiruchengode.

2. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner died on 05.07.2017 and requested two weeks time to bring the legal heirs of the petitioner on record.

3. The learned counsel appearing for the respondent submitted that the first appeal in A.S.No.8 of 2008 filed by the petitioner was dismissed on 16.09.2014. As the first appeal is not pending, Civil Revision Petition itself becomes infructuous.

4. Recording the above statement made by the learned counsel for the respondent, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 11.07.2017 Speaking Order/Non-speaking Order Index :Yes/No pvs To The Subordinate Judge, Tiruchengode

V.M.VELUMANI, J.

pvs C.R.P.(NPD) No.2427 of 2009 11.07.2017