Madras High CourtCRP(MD)/1778/2011dismissed as infructuous

P.Mahalingam S/O.Perumal v. B.Kalavathy D/O. Thanupillai

2019-09-04Honourable Ms. Justice P.T. Asha2 pages

C.R.P. (PD) (MD)No.1778 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P. (PD) (MD)No.1778 of 2011 and M.P(MD) No.1 of 2011 P.Mahalingam ... Revision Petitioner/Petitioner Vs.

1.B.Kalavathy 2.Paraisoodum Perumal ... Respondents/Respondents PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal Order passed in T.O.P No.276 of 2010 dated 15.06.2011 on the file of Principal District Court, Kanyakumari.

For Petitioner : Mr.C.Sankar Prakash For R-1 : Mr.M.P.Senthil For R-2 : No appearance

ORDER

This Civil Revision Petition has been filed challenging the order of dismissing the petition filed by the revision petitioner seeking transfer of O.S.No.626 of 2008 and O.S.No.674 of 2008 pending on the file of the First Additional District Munsif Court, Nagercoil, to the file of the Second Additional Subordinate Judge, Nagercoil, to be tried along with O.S.No.92 of 2010 pending on the file of the Second Additional Subordinate Judge, Nagercoil. 2.Today, when the matter is called, the learned counsel appearing for the petitioner would represent that both the suits in O.S.No.626 of 2008 and O.S.No.674 of 2008 have been dismissed as abated on 17.03.2017 and dismissed for default on 24.02.2015 respectively. Therefore, nothing survives for consideration in the present civil revision petition.

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C.R.P. (PD) (MD)No.1778 of 2011 3.In the result, this Civil Revision Petition is dismissed as infructuous, giving liberty to the revision petitioner to revive the revision petition in the event of these suits being restored to file. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) cp To The Principal District Judge, Kanyakumari.

C.R.P. (PD) (MD)No.1778 of 2011 and M.P(MD) No.1 of 2011 04.09.2019 KM/(19.09.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2