Thambayammal v. G.Sekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2019

CORAM:

THE HON'BLE Mr. JUSTICE R.PONGIAPPAN Civil Revision Petition (PD) No.4589 of 2014 and Miscellaneous Petition No.1 of 2014 Thambayammal Petitioner/Plaintiff Vs G.Sekar Respondent/Defendant PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 02.09.2014 made in I.A.No.323 of 2014 in I.A.No.136 of 2008 in O.S.No.30 of 2008 on the file of the learned Additional District Munsif Court, Tiruchengode.

For Petitioner : Mr.N.S.Suganthan for Mr.N.Manokaran For Respondent : Mr.P.Valliappan

O R D E R

Today when the Civil Revision petition came up for hearing, both the learned counsel appearing for the petitioner and the

respondent are present.

The learned counsel appearing for the respondent made a submission that the suit pending before the trial Court was dismissed on 06.01.2015 itself. On the other hand, the learned counsel appearing for the petitioner would contend that after the dismissal, the petitioner has filed an application to restore the suit and the same is pending. In the said circumstances, it creates a doubt whether the suit is alive or not.

However, since this Civil Revision Petition is pending from the year of 2014, the same has been closed with liberty to file an application for restoration of the suit. No costs. Consequently, connected Miscellaneous Petition is closed.

06.09.2019 sbn To The learned Additional District Munsif Court, Tiruchengode.

R.PONGIAPPAN, J., sbn and M.P.No.1 of 2014

06.09.2019