V. Maragatham v. A.V. Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP(PD).No.140 of 2017 and CMP.No.626 of 2017 V.Maragatham ... Petitioner Vs.

1. A.V.Suresh 2.B.Kumar ... Respondents PRAYER: Civil Revision Petition filed under Section 115 of the Civil Procedure Code, to set aside the fair and decretal order dated 15.11.2016 made in I.A.No.604 of 2016 in O.S.No.146 of 2010 on the file of the Sub Court, Avinashi.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.S.Parthasarathy (for R1) : Notice Served (for R2)

O R D E R

This Civil Revision Petition is directed as against the fair and decretal order passed in I.A.No.604 of 2016 in O.S.No.146 of 2010 dated 15.11.2016 on the file of the learned learned Sub Judge, Avinashi. 1/5

2. The plaintiff/first respondent filed a petition in I.A.No.604 of 2016 for restoration of the suit. The same was allowed and aggrieved by the same, the present Civil Revision Petition is filed by the petitioner/1st defendant.

3. The learned counsel for the first respondent submitted that after restoration of the suit, it was transferred to the file of the Sub Court, Avinashi and re-numbered as O.S.No.686 of 2016 and the said suit was also decreed in his favour by judgment and decree dated 28.08.2017. Therefore, nothing survives in this Civil Revision Petition.

4. Recording the said submission, this Civil Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.

26.03.2021 Speaking/Non-speaking order Index : Yes/No kv 2/5

To

1. The Sub Court, Avinashi.

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

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G.K.ILANTHIRAIYAN,J.

Kv CRP(PD).No.140 of 2017 4/5

26.03.2021 5/5