Sivakamasundari v. D.Jayachandran (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.18062 of 2018 C.R.P.(PD).No.3145 of 2018:

Sivagamasundari ... Petitioner vs.

1.D.Jayachandran (died) 2.D.Annamalai 3.D.Ayyappan 4.D.Hariharan 5.J.Bala Nagamani 6.J.Srividhya 7.J.Nagarajan 8.Geetha 9.Kalaivani (R5 to R7 brought on record as Lrs of the deceased R1 vide Court Order dated 11.08.2021 made in CMP.No.11624 of 2021 and RR8 & 9 brought on record as Lrs of the deceased R3 vide Court order dated 11.08.2021 made in CMP.No.11626 of 2021 in CRP.No.3145 of 2018) ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 27.08.2018 made in I.A.No.899 of 2017 in O.S.No.49 of 2013 on the file of the learned 1/4

Subordinate Court, Perundurai by allowing this Civil Revision Petition. For Petitioner : Mr.N.Manokaran For Respondents : Mr.C.Prabakaran for R5 to R7 R1 and R3 died No appearance for R2 R4-Not ready in notice C.R.P.(PD).No.3146 of 2018:

Sivagamasundari ... Petitioner vs.

1.D.Jayachandran (died) 2.J.Bala Nagamani 3.J.Srividhya 4.J.Nagarajan (R2 to R4 brought on record as Lrs of the deceased sole respondent viz., D.Jayachander vide Court order dated 11.08.2021 made in CMP.No.11614 of 2021 in CRP.No.3146 of 2018) ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 27.08.2018 made in I.A.No.154 of 2017 in O.S.No.49 of 2013 on the file of the learned Subordinate Court, Perundurai by allowing this Civil Revision Petition. For Petitioner : Mr.N.Manokaran For Respondents : Mr.C.Prabakaran 2/4

for R5 to R7 R1 and R3 died No appearance for R2 R4-Not ready in notice C O M M O N O R D E R The Civil Revision Petitions are filed challenging the order passed by the trial Court, dismissing the application filed to receive the additional written statement.

2. When the matters are taken up for hearing, the learned counsel appearing for the respondent submitted that the suit for partition was already disposed of on 09.09.2019. Therefore, the prayer sought for in the Civil Revision Petitions have become infructuous.

3. Accordingly, these Civil Revision Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed 29.02.2024 Index : Yes / No Speaking order : Yes / No 3/4

: Yes / No ub S.SOUNTHAR, J.

ub To The Subordinate Court, Perundurai.

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