R. Sunganthi v. K. Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and C.M.P.Nos.15464 and 15465 of 2017 1.R.Suganthi 2.V.Anandhi 3.A.Anu Rekha 4.P.Anitha (Petitioners 1 to 4 are rep. by their Power of Attorney K.Vasu, Son of L.Kesavalu Naidu) .. Petitioners in both CRPs.

Vs.

1.K.Ramesh 2.K.Rajendran .. Respondents in both CRPs.

COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the fair and decretal orders dated 1/5

30.06.2017 made in I.A.Nos.16733 and 16734 of 2016 in O.S.No.2291 of 2013 on the file of III Assistant City Civil Court, Chennai. In both CRPs.

For Petitioners : Mr.Venkataswamy Babu For Respondents : Mr.K.Manikandan COMMON ORDER (The matter is heard through "Video Conferencing/Hybrid Mode".) Civil Revision Petitions are filed against the fair and decretal orders dated 30.06.2017 made in I.A.Nos.16733 and 16734 of 2016 in O.S.No.2291 of 2013 on the file of III Assistant City Civil Court, Chennai.

2.The learned counsel appearing for the petitioners submitted that these Civil Revision Petitions are filed against the orders of allowing I.A.Nos.16733 and 16734 of 2016 in O.S.No.2291 of 2013 on the file of III Assistant City Civil Court, Chennai, filed to re-open and re-call the evidence of P.W.1. Pending Civil Revision Petitions, the suit in 2/5

O.S.No.2291 of 2013 was dismissed for default, the petitioners have filed petition to restore the suit, hence, orders may be passed in the C.R.P. and leave may be granted to the petitioners to file a afresh appeal. 3.The learned counsel appearing for the respondents submitted that the suit in O.S.No.2291 of 2013 was dismissed for default on 06.09.2017. The petitioners have filed I.A.No.12420 of 2017 to restore the suit and the said I.A. was allowed on payment of cost of Rs.2,000/-. The petitioners have also paid cost and the suit was posted for cross-examination of P.W.1. Even after number of adjournments, the petitioners did not turn up for cross-examination and the suit was again dismissed for default on 19.09.2018. Now the petitioners have not filed any application to restore the suit.

4.The learned counsel appearing for the petitioners submitted that the petitioners have filed I.A. to restore the suit. 3/5

5.In view of the dismissal of the suit in O.S.No.2291 of 2013, these Civil Revision Petitions stand dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. 21.09.2021 kj To III Assistant Judge City Civil Court, Chennai.

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V.M.VELUMANI, J.

kj and C.M.P.Nos.15464 and 15465 of 2017 21.09.2021 5/5