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Madras High CourtCRP/3335/2023dismissed as infructuous

The Pazhaverkadu Venatasamy Gramani Trust v. Kamalesh Khandelwal

2024-11-28Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Civil Revision Petition No. 3335 of 2023 and Civil Miscellaneous Petition No. 20681 of 2023 --- The Pazhaverkadu Venkatasamy Gramani Trust Represented by its Trustee S.Venkataraman No. 87, Senniamman Koil Street, Tondiarpet, Chennai-600 081.

Now Residing at No.7, Valeeswaran Koil Street, Mylapore, Chennai - 600 004.

.... Petitioner

Versus

1.Kamalesh Khandelwal 2.Meena K.Khandelwal

...Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the Order and decretal Order dated July 17, 2023 made in I.A.No. 3 of 2023 in O.S.No. 1352 of 2017 on the file of IV Additional Judge, City Civil Court, Chennai. Page No.1-4

For Petitioner :

Ms.Samantha For Mr.R. Thiagarajan For Respondents :

Mr.Abdul Wafiq For M/s.Pass Associates ----

ORDER

This Civil Revision Petition has been filed seeking to set aside the Order and decretal Order dated July 17, 2023 passed in I.A.No. 3 of 2023 in O.S.No.1352 of 2017 on the file of IV Additional Judge, City Civil Court, Chennai.

2.

Ms.Samantha representing Mr.R.Thiagarajan, learned Counsel on record for the revision petitioner and Mr.Abdul Wafiq representing M/s.Pass Associates, learned Counsel on record for the respondents are before this Court.

Page No.2-4

3.

The learned Counsel for the respondents submits that the main Suit in O.S.No.1352 of 2017 on the file of IV Additional Judge, City Civil Court, Chennai, was dismissed on merits by the Trial Court on February 28, 2024. Therefore, the relief sought for in this Civil Revision Petition has become infructuous. Hence, he seeks permission of this Court to withdraw this Civil Revision Petition. 4.

In view of the above submissions made by the learned Counsel for the revision petitioner, nothing survives for further adjudication in this Civil Revision Petition. Accordingly, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 28.11.2024 MSM To The IV Additional Judge, City Civil Court, Chennai. Page No.3-4

R. SAKTHIVEL, J MSM CRP.No. 3335 of 2023 28.11.2024 Page No.4-4