M/S.Adiyaman Investments Ltd v. Lakshmi(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.467 of 2021 M/s.Adiyaman Investments Limited, represented by its Managing Director M.Mahendrakumar Lodha, aged 51, S/o Sri Mahaveerchand Lodha Jain, No.38, Mookkathal Street, Purasawakkam, Chennai - 600 007.

... Petitioner vs Lakshmi (Died) 2.Kumar 3.Prabakaran 4.Loganathan ... Respondents (Sole Respondent Died. Respondents 2 to 4 were brought on record as LRs of the deceased R-1 viz., Lakshmi vide Court order dated 14.06.2023 made in CMP.Nos.5785, 5788 and 5791 of 2023 in CRP.No.64 of 2021 by SSKJ) Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the Fair Order and Decreetal Order passed in I.A.No.1 of 2019 in O.S.No.177 of 2017 on the file of the 3rd Additional 1/4

District Judge at Poonamallee and to allow the said application with the costs throughout.

For Petitioner : Mr.M.V.Seshachari For R1 : R1-Died (Steps Taken) For R2 to R4 : Mr.N.Nithianandam

ORDER

When the matter is taken up for hearing, the learned counsel for the petitioner submits that the main suit itself was already dismissed for default and he filed a petition to restore the suit and the same is pending.

2. In view of the fact the main suit itself is dismissed for default, the civil revision petition is dismissed with liberty to the petitioner to revive the same, in case the suit is restored to file. No costs. Consequently, the connected civil miscellaneous petition is closed. 20.02.2024 Index : Yes / No Speaking order : Yes / No : Yes / No dm 2/4

To The 3rd Additional District Judge, Poonamallee.

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S.SOUNTHAR, J.

dm 20.02.2024 4/4