Madras High CourtCRP/3704/2014disposed of

Murugan v. Mandhirikumar

2019-09-20Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Murugan .... Petitioner Vs Madhirikumar .... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 25.06.2014 passed in I.A.No.313 of 2014 in O.S.No.484 of 2007 on the file of the Additional District Munsif Court, Cuddalore. For Petitioner : Mr.R.Gururaj For Respondent : Mr.K.R.Ramesh Kumar

O R D E R

Aggrieved over the order dated 25.06.2014, passed in I.A.No.313 of 2014 in O.S.No.484 of 2007 by the learned Additional District Munsif, Cuddalore, the petitioner, who is the plaintiff in the above said suit, filed this Civil Revision Petition. 1/4

2. Today when this petition is taken up for hearing, both the counsels appearing for the petitioner and the respondent are present.

3. Both of them made a submission that in the application filed by the petitioner to amend the decree, the learned District Munsif, Cuddalore had passed the present impugned order, further they have submitted that as of now, the suit in O.S.No.484 of 2007, pertains to this Civil Revision Petition has been disposed of on 28.03.2014, it is also submitted that as against the judgment rendered in O.S.No.484 of 2007, an appeal had filed in A.S.No.36 of 2014 on the file of the learned I Additional Sub Court, Cuddalore, and the same has also been disposed on 06.01.2015. They have further submitted that challenging the said order, second appeal has been preferred before this Court in S.A.No.388 of 2015 and the same is pending.

4. In this occasion, the learned counsel appearing for the petitioner prayed to grant liberty to the petitioner for filing an amendment application before this Court in S.A.No.388 of 2015.

5. Now on going through the affidavit filed by the petitioner in support of the petition filed in I.A.No.313 of 2014, it is not in dispute 2/4

that the relief sought by the petitioner had become infructuous. However, liberty is given to the petitioner to approach the appropriate Forum for the relief prayed in this Civil Revision Petition.

6. With the above observation, this Civil Revision Petition stands disposed of. Consequently, connected miscellaneous petition is also closed. No costs.

20.09.2019 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order rts To The Additional District Munsif Court, Cuddalore 3/4

R.PONGIAPPAN, J.

rts 20.09.2019 4/4