Madras High CourtCRP(MD)/750/2010dismissed as infructuous

P.Ganapathi Subbu v. Rengasamy

2020-01-03Honourable Mr Justice R. Subramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN and M.P(MD)No.1 of 2010 1.P.Ganapathi Subbu 2.P.Ganapathisamy 3.P.Ganapathi Ramasamy Alias Ponraj ... Revision Petitioners -Vs1.Rengasamy 2.Marisamy 3.Senniraj(Died) 4.Dhanalakshmi 5.Kanagaraj 6.Ganapathy 7.Annalakshmi 8.Saraswathi 9.Krishnasamy (Died) 10.Gurusamy (Died) 11.Rukumani 12.Kanagalakshmi 13.Mariammal 14.Kanagalakshmi 15.Alamelu 16.Perumalsamy 17.Balakrishnan 18.Ramachandran 19.Panchalai 20.Seethalakshmi 21.Dhanushkodi 22.Rengasamy 23.Sankararaj 24.Naranammal 25.Maheshwari 26.Jothi 27.Maniraj 28.Renunithia 29.Murali 30.Kanagaraj 31.Rajalakshmi 32.Rajagopal 33.Chellathai 1/3

34.Selvaraj 35.Kanagalakshmi 36.Avudaithayammal

37. District Collector, Tuticorin District, Tuticorin.

38.Indira 39.Mano Vignesh 40.Minor Krishnakumar Rep. by his mother & natural guardian Indira.

(Respondents 38 to 40 brought on record as the Lrs of deceased 3rd respondent vide order dated 14.12.2016) 41.Gomathi 42.Rajasundari 43.Senthilkumar (RR41 to 43 are brought on record as Lrs of died R9, vide Court Order Dated 19.06.2019) 44.Natchiarammal 45.Kamalaveni 46.Kalaivani 47.Venkateshkumar (RR44 to 47 are brought on record as Lrs of died R10, vide Court Order Dated 19.06.2019) ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the petition and order dated 18.01.2010 made in I.A.No.230 of 2008 in O.S.No.49 of 2008 on the file of the Subordinate Judge, Kovilpatti.

For Petitioners : Mr.Hema Karthikeyan For RR1,2,4 to 8, 11 to 27, 29 to 36, 38 to 40, 44 to 47 : No appearance For R41 to R43 : Mr.T.Lajapathi Roy For R37 : Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

This Civil Revision Petition has been filed challenging the order made in I.A.No.230 of 2008 in O.S.No.49 of 2008 on the file of 2/3

the Sub-Court, Kovilpatti. The said application was filed by the petitioners seeking to implead themselves in the suit for partition relating to the estate of Late.Potti Naicker. The said application came to be dismissed on the ground that the petitioners have not established their relationship with Late.Potti Naicker.

2. The learned counsel appearing for the respondents would submit that the suit in O.S.No.49 of 2008 has been disposed of on 28.01.2019 and hence, the Civil Revision Petition has become infructuous. The copy of the decree in the suit has also been produced.

3. In view of the above development, this Civil Revision Petition is dismissed as infructuous. It is made clear that any observation made in the order will not affect the petitioners in seeking any remedy as may be available to them under law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) Am To

1. The Subordinate Judge, Kovilpatti.

2. The District Collector, Tuticorin District, Tuticorin District Copy to:

The Record Keeper, V.R.Section, (2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to SPL.GP ( SR-269[F] dated 06/01/2020 ) +1 CC to M/s.T.LAJAPATHIROY, Advocate ( SR-298[F] dated 06/01/2020 ) +1 CC to Mr.K.HEMAKARTHIKEYAN, Advocate (SR-194[F] dated 03/01/2020 ) 03.01.2020 MK (21.01.2020) 3P 8C 3/3