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Madras High CourtCRP(MD)/857/2013dismissed as infructuous

David Anbu Prabakaran, v. Rev.Diraviam Jesudasan,

2023-10-31Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.857 of 2013 and M.P(MD) No.2 of 2013 David Anbu Prabakaran

...Petitioner

Vs.

1.Rev.Diraviam Jesudasan (For myself and on behalf of Tirunelveli Diocese staffs in representative capacity under Order 8 Rule 11 CPC.) 2.Rt. Rev. S.Jeyapaul David

...Respondents

(For myself and on behalf of Tirunelveli Diocese members in representative capacity under Order 8 Rule 11 CPC.) 1/5

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 19.04.2013 passed in I.A.No.602 of 2012 in O.S.No.199 of 2008 on the file of the Principal Subordinate Court, Tirunelveli, and allow this Civil Revision Petition.

For Petitioner : No Appearance For Respondents : Mr.H.Arumugam - for R1 No Appearance - for R2

O R D E R

This Civil Revision Petition is filed against the order dated 19.04.2013 passed in I.A.No.602 of 2012 in O.S.No.199 of 2008 on the file of the Principal Subordinate Court, Tirunelveli. 2/5

2. This Court called for the report from the concerned Principal District Judge, by order, dated 19.10.2023 with regard to the status of the suit in the trial Court. Accordingly, the concerned Principal District Judge, has sent a report wherein, it is stated that the suit in O.S.No.199 of 2008 on the file of the Principal Subordinate Court, Tirunelveli, is dismissed for default, by its decree and judgment, dated 26.04.2019.

3. In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.

4. Accordingly, this Civil Revision Petition is dismissed as infructuous.

5. No costs.

3/5

6. Consequently, connected Civil Miscellaneous Petition is closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To 1.The Principal Subordinate Judge, Principal Subordinate Court, Tirunelveli, 4/5

BATTU DEVANAND, J.

RM C.R.P(MD) No.857 of 2013 (3/3) 31.10.2023 5/5