Raja v. Sugumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2023

CORAM:

THE HONOURABLE Dr.JUSTICE D.NAGARJUN and C.M.P.No.12721 of 2023 1.Raja 2.Rukmani ... Petitioners Vs.

Sugumar ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and final order dated 08.06.2023 passed in I.A.No.4 of 2022 in O.S.No.2 of 2021 on the file of the Subordinate Judge at Rasipuram.

For Petitioners :

Mr.R.Nalliyappan

O R D E R

This revision petition is filed, seeking to set aside the ex-parte order passed on 08.06.2023 in I.A.No.4 of 2022 in O.S.No.2 of 2021 on the file of the Subordinate Judge at Rasipuram.

2. During the course of submissions, learned counsel for the

petitioners brought to the notice of this Court that today (i.e., on 22.06.2023), O.S.No.2 of 2021 is posted for Judgment. Once submissions of both sides are over, the petitioners will not have any right to move an application for relief under Order 9 Rule 7 of C.P.C. Considering the circumstances, the relief sought for by the petitioners cannot be granted. However, the petitioner is at liberty to move an application under Order 9 Rule 13 of C.P.C.

3. Accordingly, this Civil Revision Petition is dismissed. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed. 22.06.2023 Index :Yes/No Internet:Yes/No ab To

1. The Subordinate Judge, Rasipuram.

2. The Section Officer, V.R.Section, High Court of Madras.

Dr.D.NAGARJUN, J.

ab 22.06.2023