Madras High CourtCRP(MD)/2573/2012dismissed as infructuous

R.Seetharaman v. R.Rukmani

2020-10-16Honourable Mr Justice R. Mahadevan2 pages

C.R.P(NPD)(MD)No.2573 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.R.P(NPD)(MD)No.2573 of 2012 and M.P.(MD)No.1 of 2012 and C.M.P.(MD)Nos.4850 to 4852 of 2017 R.Seetharaman ... Petitioner/Plaintiff .vs.

1.R.Rukmani ...1st Respondent/6th Defendant 2.R.Gopal 3.R.Rengammal 4.Rajendran 5.V.Thangavelu 6.D.Madasamy ... Respondents 2 to 6/ Defendants 1 to 5 Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, against the proceedings of the Court below in entertaining the application in I.A.No.104 of 2012 in I.A.No.75 of 2009 in O.S.No.53 of 2003 on the file of the District Munsif Court, Sattur under Sections 151 and 152 of the Civil Procedure Code to re-open the preliminary decree dated 28.07.2005 passed in O.S.No.53 of 2003 by the District Munsif Court, sattur and strike of the same from the file of the District Munsif Court, Sattur. For Petitioners : Mr.R.Devaraj For Respondents : Mr.G.Sridharan for R1 No Appearance for R2, R4 & R6 R3- Died

ORDER

The petitioner has filed this Civil Revision Petition against the proceedings of the Court below in entertaining the application in I.A.No.104 of 2012 in I.A.No.75 of 2009 in O.S.No.53 of 2003 on the file of the District Munsif Court, Sattur under Sections 151 and 152 of the Civil Procedure Code to re-open the preliminary decree dated 28.07.2005 passed in O.S.No.53 of 2003 by the District Munsif Court, sattur and strike of the same from the file of the District Munsif Court, Sattur.

2. It is brought to the notice of this Court that subsequent to the filing of this Civil Revision Petition, I.A.No.75 of 2009 was closed by the trial Court on 15.06.2019.

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C.R.P(NPD)(MD)No.2573 of 2012

3. In such view of the matter, this Civil Revision Petition has become infructuous and nothing survives before this Court for adjudication. Hence, the same is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) vsm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The District Munsif, Sattur, Virudhunagar District.

2.The Record Keeper-2 copies Vernacular Section, Madurai Bench of Madras High Court, Madurai.

C.R.P(NPD)(MD)No.2573 of 2012 and M.P.(MD)No.1 of 2012 and C.M.P.(MD)Nos.4850 to 4852 of 2017 16.10.2020 SJ(CO) KM (03.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2