Madras High CourtCRP(MD)/1855/2013dismissed

Solamalai Thevar, v. Chinthamaniammal (Died),

2019-11-13Honourable Ms. Justice P.T. Asha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P. (PD) (MD)No.1855 of 2013 and M.P(MD) No.1 of 2013 Solaimalai Thevar ... Petitioner/Respondent/Defendant Vs.

Chinthamaniammal (died) Muthulakshmi ... Respondent/Petitioner/Plaintiff PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decreetal order in I.A.No.575 of 2010 in O.S.No.22 of 2008 on the file of District Munsif Court, Virudhunagar, dated 01.07.2013. For Petitioner : Mr.A.Sivaji For R-2 : Mr.M.Ashok kumar

ORDER

This Civil Revision Petition is filed challenging the final decree proceedings in I.A.No.575 of 2010 in O.S.No.22 of 2008 on the file of District Munsif Court, Virudhunagar, dated 01.07.2013. 2.It appears that another suit in O.S.No.41 of 2012 was filed by one Murugaiee and Packiyam to declare the judgment and decree obtained in O.S.No.22 of 2008 and in A.S.No.46 of 2010 as null and void. They had not been made parties in the suit, though they were also entitled to the share in the suit schedule property. 3.The learned counsel appearing for the revision petitioner today would show the judgment in O.S.No.41 of 2012 dated 25.02.2016. It is seen that the suit has been decreed and the judgment and decree passed in O.S.No.22 of 2008 and A.S.No.46 of 2010 have been declared as null and void.

4.In the light of the above, nothing survives for consideration in the present civil revision petition. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

cp To The District Munsif, Virudhunagar, +1CC TO MR.M.ASHOK KUMAR, Advocate Sr. No.98130 +1CC TO MR.A.SIVAJI, Advocate Sr. No. 98155 C.R.P.(PD)(MD)No.1855 of 2013 and M.P(MD) No.1 of 2013 13.11.2019 DKS(CO) TR(27.11.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/