Madras High CourtCRP(MD)/228/2024dismissed as infructuous

Belominraj, v. Jayamary

2024-02-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.953 of 2024 Belominraj ... Petitioner/Petitioner/ Defendant Vs.

1.Jeyamary 2.Ponmalarkuyini ... Respondents/Respondents /Plaintiffs.

PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order in I.A.No.1123 of 2023 in O.S.No.247 of 2018 dated 28.11.2023 on the file of the Principal Sub Court, Thanjavur.

For Petitioner : Mr.S.Vijayashanthi

ORDER

This revision has been preferred to set aside the fair and decreetal order in I.A.No.1123 of 2023 in O.S.No.247 of 2018 dated 28.11.2023 on the file of the Principal Sub Court, Thanjavur. 1/4

2.The petitioner was reported to be dead. So far steps have not been taken. This revision has been preferred against the order of dismissal passed by the trial Court in I.A.No.1123 of 2023. The main suit was filed by the respondent seeking maintenance amount. That was allowed. Maintenance was ordered. During the course of enquiry the deceased petitioner remained exparte. To set aside the exparte order the above said interlocutory application has been filed by him. Since the petitioner died nothing survives for further consideration in this case. The matter has become infructuous.

3.In view of the above, this civil revision petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

12.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 2/4

To 1.The Principal Subordinate Judge, Thanjavur. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 12.02.2024 4/4