S. Ramalingam v. A. Samiappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and C.M.P.No.2245 of 2017 S.Ramalingam .. Petitioner Vs.

A.Samiappan .. Respondent Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and final order dated 14.12.2016 made in I.A.No.474 of 2014 in O.S.No.160 of 2010 on the file of the Sub Court, Udumalpet.

For Petitioner : Mr.S.Kasirajan For Respondent : Ms.Jessi for Mr.M.N.Balakrishnan

O R D E R

(The matter is heard through "Video Conferencing/Hybrid Mode".) The learned counsel appearing for the petitioner submitted that the petitioner who is the defendant in O.S.No.160 of 2010 filed I.A.No.474 of 1/3

2014 under Order XXVI Rule 10 and Section 151 of C.P.C. seeking appointment of Advocate Commissioner for comparison of signatures in the extension of sale agreement dated 15.07.2006, alleged to have been signed by the petitioner. The said I.A. was dismissed by the order dated 14.12.2016. Against the said order of dismissal dated 14.12.2016, the petitioner filed the present Civil Revision Petition. Pending Civil Revision Petition, the suit was decreed on 06.11.2017, directing the petitioner / defendant to return the advance amount to the respondent / plaintiff. Challenging the said decree and judgment, the respondent / plaintiff filed appeal and the said appeal is pending. In view of the same, the present Civil Revision Petition has become infructuous.

2.Recording the above submission, this Civil Revision Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. No costs.

03.09.2021 krk Index : Yes / No Internet : Yes / No To The Subordinate Judge, Udumalpet.

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V.M.VELUMANI, J.

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