Madras High CourtCRP/1675/2017dismissed as infructuous

P.R.Chenguttuvan v. C.Bhuvaneshwari

2021-08-10Honourable Mrs Justice S.Kannammal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2021

CORAM

THE HON'BLE Mrs. JUSTICE S.KANNAMMAL and C.M.P.No.7869 of 2017 1.P.R.Chenguttuvan 2.C.Yamuna ... Petitioners Vs.

C.Bhuvaneshwari ... Respondent Prayer: The Civil Revision Petition filed under Section 115 of C.P.C., against the order dated 07.11.2016 passed in C.M.A.No.118 of 2014 on the file of the XVII Additional City Civil Judge, Chennai confirming the order dated 26.08.2013 in I.A.No.4672 of 2013 in I.A.No.10793 of 2013 in O.S.No.8002 of 2007 on the file of the V Assistant City Civil Judge, Chennai. For Petitioners :Mr.R.T.Shyamala For Respondent :M/s.C.Uma

ORDER

(Heard through video conferencing) This Civil Revision Petition has been filed seeking to set aside the Order dated 07.11.2016 passed in C.M.A.No.118 of 2014 on the file of the XVII Additional City Civil Judge, Chennai confirming the order dated 26.08.2013 in 1/4

I.A.No.4672 of 2013 in I.A.No.10793 of 2013 in O.S.No.8002 of 2007 on the file of the V Assistant City Civil Judge, Chennai.

2. The learned counsel for the petitioners and the respondent present.

3. The learned counsel for the petitioners submitted that this petition has been filed against the order passed in the final decree proceedings in O.S.No.8002 of 2007 on the file of the V Assistant City Civil Judge, Chennai. The suit was decreed for partition and separate possession and against which, the petitioners filed A.S.No.317 of 2011 on the file of the V Additional City Civil Judge, Chennai and the same was also dismissed.

4. It is further submitted that against the above judgment and decree the petitioners filed second Appeal in S.A.No.1097 of 2013 and the same was allowed on 23.05.2019 and the Trial Court decree was set aside. In view of the same, this civil revision petition has become infructuous as nothing survives as of now.

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5. In view of the submission made by the learned counsel for the petitioners, this Civil Revision Petition is dismissed as infructuous. No costs. Connected civil miscellaneous petition is closed. 10.08.2021 mpa To 1.The V Assistant City Civil Judge, Chennai. 2.The XVII Additional City Civil Judge, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras.

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S.KANNAMMAL.J, mpa and C.M.P.No.7869 of 2017 10.08.2021 4/4