Srinivasan v. Athiyappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P.(PD)No.279 of 2017 and C.M.P.No.1242 of 2017 Srinivasan ... Petitioner vs.

1.Athiyappan 2.Ammani 3.Panneerselvam 4.Kalaivani 5.The District Collector, The District Collector Officer, Tiruchengode Road, Namakkal Taluk & District.

6.The Tahsildar, Thasildar Office, Rasipuram Town & Taluk, Namakkal District.

... Respondents Prayer: Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 25.11.2016 made in I.A.No.368 of 2016 in O.S.No.55 of 2013 on the file of the learned District Munsif Court, Rasipuram.

For Petitioner:

Mr.S.Shirish for Mr.N.Manokaran 1/4

For Respondents: Ms.P.Mahalakshmi (for R1) No Appearance (for R2 to R4) Mr.B.Tamil Nidhi (for R5 & R6) Additional Government Pleader (CS)

O R D E R

Ms.P.Mahalakshmi, learned counsel appearing for the first respondent would submit that the suit itself was dismissed for default on 31.07.2018.

2.Mr.S.Shirish, learned counsel appearing for Mr.N.Manoharan, learned counsel on record for the petitioner, states that two applications have been filed in I.A.Nos.1 and 2 of 2019 for restoring the suit. As of today, the suit is not pending. Therefore, I cannot revise an order in a suit, which has already been disposed of. Consequently, this Civil Revision Petition is dismissed. However, in the event, the suit is restored, liberty is granted to the petitioner to file an application to restore the revision.

12.07.2023 Index:Yes/No Speaking/Non-speaking order vs 2/4

To The District Munsif Court, Rasipuram.

3/4

V. LAKSHMINARAYANAN,J.

vs C.R.P.(PD)No.279 of 2017 and C.M.P.No.1242 of 2017 12.07.2023 4/4