Madras High CourtCRP(MD)/2428/2015dismissed

Kathirvel v. Alagirisamy

2019-04-05Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.04.2019

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.R.P.(PD)(MD)No.2428 of 2015 and M.P.(MD)No.1 of 2015 1.Kathirvel 2.Alagiriraj .. Petitioners/Plaintiffs Vs.

1.Alagirisamy 2.Duraisamy @ Alagarsamy 3.Muthusamy 4.Nagaraj .. Respondents/Defendants Prayer : This Civil revision petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 07.09.2015 made in I.A.No.179 of 2015 in O.S.No.214 of 2009 on the file of the District Munsif Court, Periyakulam. For Petitioners : Mr.J.Lawrance For Respondents : Mr.V.Janikiramlu for R1,R3 & R4 :For R2 No Appearance

ORDER

Heard Mr.J.Lawrance, learned counsel appearing for the appellant and Mr.V.Janikiramlu, learned counsel appearing for the respondents R1,R3 and R4.

2.The Civil Revision Petition is filed against the order passed in I.A.No.179 of 2015 in O.S.No.214 of 2009 dated 07.09.2015 on the file of the learned District Munsif, Periyakulam. 3.The petitioners herein are the plaintiffs and the respondents herein are the defendants in the suit. The plaintiffs have filed a suit in O.S.No.214 of 2009 for a relief of permanent injunction. The petitioners herein filed a petition in I.A.No.179 of 2015 seeking permission to examine themselves after the examination of non party witness. The petition was dismissed by the trial Court. Against which, the petitioner has preferred this revision petition. https://hcservices.ecourts.gov.in/hcservices/

4.On the side of the petitioners, it is stated that at the time of filing of the I.A. petition, the petitioners were doing decree course and they were not in a position to depose before the Court. Since now they completed the course and the prayer sought for in the petition is not necessary and he has made an endorsement to that effect.

5.In view of the endorsement made by the learned counsel for the petitioners, this Civil Revision Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) Mrn To 1.The District Munsif, Periyakulam.

+1 CC to M/s.J.LAWRANCE, Advocate SR-59978.

C.R.P.(PD)(MD)No.2428 of 2015 CS: (03/06/2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/