Madras High CourtCMP(MD)/10141/2016closed

M.Krishnan v. S.M.Sivashanmugam,

2016-11-09Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Ninth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR CMP(MD) No.10141 of 2016 IN CRP(MD) No.SR57161 of 2014 1 M.KRISHNAN ... 1st PETITIONER/1st PETITIONER 2 K.MUTHURAMAN CHETTIAR (DIED) 3 SUNDARIAMMAL 4 RAMANI 5 GANESAN 6 RENGARAJAN 7 LATHA ...PETITIONERS 3 TO 7/PROPOSED APPELLANTS 3 TO 7 Vs 1 S.M.SIVASHANMUGAM 2 L.V.SUGADEV 3 L.S.RAMNATH 4 M.SASIKALA 5 T.B.GEETHA ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to accept the cause title as shown in the Memorandum of Grounds of C.R.P(MD)S.R.No.57161 of 2014 on the file of this Honourable Court PRAYER IN C.R.P(MD)S.R.No.57161 of 2014:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order passed in Fair and Decreetal order dated 15.07.2013 in C.M.A.NO.12 of 2012 on the file of IV Additional District Judge, Madurai confirming the Fair and Decreetal order in I.P.NO.35 OF 2003 on the file of the III Additional Subordinate Judge, Madurai.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. K.GOVINDARAJAN, Advocate for the petitioner the court made the following order:- The Civil Revision is petition in CRP(MD).SR.No.57161 of 2014 is filed to set aside fair and decreetal order dated 15.07.2013 passed in CMA.No.12 of 2012 on the file of the IV Additional District Judge, Madurai confirming the fair and decreetal order in I.P.No.35 of 2003 on the file of the III Additional Subordinate Judge, Madurai.

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2. Now, the petitioners have filed the present petition to accept the cause title as shown in the Memorandum of grounds of CRP (MD).SR.No.57161 of 2014. It is seen from the records that the second petitioner Viz., Muthuraman Chettiyar died on 02.03.2014 leaving behind the petitioners 3 to 7 as his legal heirs. The present CRP was filed on 18.12.2014. Therefore, the present application is not maintainable.

3. Heard the learned counsel appearing for the petitioners.

4. On perusal of the records, this Court finds that the petitioners have not made out a case to accept the cause title as sought for in the petition.

5. Accordingly, the petition is dismissed.

sd/- 09/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE IV ADDITIONAL DISTRICT JUDGE, MADURAI 2.THE III ADDITIONAL SUBORDINATE JUDGE, MADURAI. ORDER IN CMP(MD) No.10141 of 2016 IN CRP(MD) No.SR57161 of 2014 Date :09/11/2016 AAM-SV MMS/SAR 3/13.03.2017 2P 3c https://hcservices.ecourts.gov.in/hcservices/