Madras High CourtCRP(MD)/2239/2011dismissed

Department Of v. P.Pitchumani

2019-10-21Honourable Ms. Justice P.T. Asha2 pages

M.P.(MD) No.1 of 2011 and 2 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2019 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(PD)(MD) Nos.2239 and 2240 of 2011 and M.P.(MD) No.1 of 2011 and 2 of 2011 In both petitions:

Department of Telecommunication, Tamil Nadu circle, Government of India Rep. by Telecome District Engineer, Nagercoil, Kanyakumari District.

... Petitioner/3rd Respondent/3rd Defendant Vs.

1.P.Pitchumani ... 1st Respondent/Petitioner/Proposed 7th plaintiff 2.The State of Tamil Nadu, Represented by District Collector, Kanyakumari District, Nagercoil.

3.Tahsildar, Agasteeswaram Taluk, Nagercoil, Kanyakumari ... Respondents 2 & 3/Respondents 1 & 2/ Defendants 1 & 2 PRAYER: Civil Revision Petitions are filed under Section 227 of Constitution of India against the order dated 05.04.2010 made in I.A.Nos.5 and 6 of 2008 in O.S.No.446 of 1989 on the file of the Second Additional District Munsif, Nagercoil. For Petitioner : Mr.K.Pratap Sudarshan for Mr.Irulappan For R1 : No appearance C O M M O N O R D E R It is seen that I.A.No. 5 of 2008 was filed to implead the petitioner as 7th plaintiff. The court below has dismissed the said application. I.A.No.6 of 2008 in O.S.No.446 of 1989 was filed to restore the suit, which was dismissed for default on 10.11.2005. The same was allowed by the lower court. The revisions have been filed https://hcservices.ecourts.gov.in/hcservices/ 1/2

M.P.(MD) No.1 of 2011 and 2 of 2011 by the petitioner herein challenging the orders passed in I.A.Nos.5 and 6 of 2008 in O.S.No.446 of 1989 by the learned II Additional District Munsif, Nagercoil.

2. When the matters are taken up for hearing, the learned counsel for the petitioner would submit that O.S.No.446 of 1989 has been dismissed for default for the third time.

3. Considering the fact that the suit has been dismissed for default on 23.06.2016, nothing survives for consideration in these Civil Revision Petitions and the same are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) +1 CC to Mr.I. IRULAPPAN, Advocate ( SR-93970[F] dated 23/10/2019 ) C.R.P.(PD)(MD) Nos.2239 and 2240 of 2011 and M.P.(MD) No.1 of 2011 and 2 of 2011 21.10.2019 CM MK (14.11.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2