S.Suganya v. K.Rajammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.Nos.18467 and 20786 of 2018 C.R.P.(PD).No.3243 of 2018:

1.S.Suganya 2.S.Ramgopal 3.S.Vaishnavi ... Petitioners vs.

1.K.Rajammal (died) 2.K.Sivakumar 3.Suryakumari 4.S.Premnarayan (R1-died. R2 and R3 are recorded as Lrs of the deceased R1 viz., K.Rajammal vide order of Court dated 15.10.2020 made in CRP.No.3243 and 3726 of 2019) ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and final order passed in I.A.No.183 of 2018 in O.S.No.210 of 2013, dated 09.07.2018 on the file of the I Additional Subordinate Judge, Erode.

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For Petitioners : Mr.V.S.Kesavan For Respondents : M/s.D.Sathya for R1, R2 and R5 for M/s.Zeenath Begum No appearance for R4 R3-Not ready in notice C.R.P.(PD).No.3726 of 2018:

1.S.Suganya 2.S.Ramgopal 3.S.Vaishnavi ... Petitioners vs.

1.K.Rajammal (died) 2.K.Sivakumar 3.Suryakumari 4.Sub Registrar Karungalpalayam, Sub Registrar's Office, Erode - 3.

5.S.Premnarayan (R1-died. R2 and R3 are recorded as Lrs of the deceased R1 viz., K.Rajammal vide order of Court dated 15.10.2020 made in CRP.No.3243 and 3726 of 2019, R3 set ex-parte) ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and final order passed in T.R.O.P.No.47 of 2017, dated 04.12.2017 on the file of the Principal District Judge, Erode. 2/6

For Petitioners : Mr.V.S.Kesavan For Respondents :M/s.Zeenath Begum for R2 and R5 Mr.V.Jeevagiridharan Additional Government Pleader for R4 R1-died R3-ex-parte C O M M O N O R D E R When the matters are taken up for hearing, the learned counsel appearing for the respondents 1,2 and 5 submits that the suit in O.S.No.331 of 2011, on the file of the Principal Subordinate Court, Erode was disposed on 30.01.2024.

2. CRP.No.3726 of 2018 is filed challenging the order dismissing the transfer application seeking transfer of O.S.No.210 of 2013 on the file of the First Additional Subordinate Court, Erode to Principal Subordinate Court, Erode for joint trial with O.S.No.331 of 2011. In view of the disposal in O.S.No.331 of 2011, the prayer in CRP.No.3726 of 2018 3/6

has become infructuous.

3. CRP.No.3243 of 2018 is filed challenging the order dismissing the application filed under Section 10 of CPC, seeking to stay trial in O.S.No.210 of 2013 till disposal of O.S.No.331 of 2011 referred above. In view of the disposal in O.S.No.331 of 2011, the prayer in CRP.No.3243 of 2018 has also become infructuous.

4. Accordingly, both Civil Revision Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

29.02.2024 Index : Yes / No Speaking order : Yes / No : Yes / No ub 4/6

To The I Additional Subordinate Judge, Erode.

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S.SOUNTHAR, J.

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