Madras High CourtCRP(MD)/2316/2018dismissed

Balagurusamy v. Arjunan

2018-12-07Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(PD)(MD)No.2316 of 2018 and C.M.P(MD)No.10359 of 2018 1)Balagurusamy 2)Thangaraj 3)Krishnasamy 4)Padmanadhan ... Petitioners/Petitioners/Plaintiffs vs.

1)Arjunan 2)Nagarajan 3)R.Meenatchi ... Respondents/ Respondents/Defandants Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 30.07.2018 in I.A.No.497 of 2018 in O.S.No.140 of 2011 on the file of the Principal District Munsif Court, Thoothukudi.

For Petitioner : Mr.K.Chengiz Khan For R1 : Mr.K.K.Samy For R3 : Mr.G.Sridharan

ORDER

This revision petition has been filed against the fair and decreetal order dated 30.07.2018 in I.A.No.497 of 2018 in O.S.No.140 of 2011 on the file of the Principal District Munsif Court, Thoothukudi.

2.It is stated by the learned counsel for the respondents that even before filing of the present revision petition, by judgment dated 31.08.2018, the suit in O.S.No.140 of 2011 itself has been dismissed for default due to the non appearance of the petitioners/plaintiffs and till date, the suit has not been restored.

https://hcservices.ecourts.gov.in/hcservices/ 3.In view of the above submission, nothing survives in this revision petition for further adjudication. Hence, this Civil

Revision Petition is dismissed.(*) "In the event of the suit being restored, the petitioners are at liberty to file a fresh civil revision petition challenging the fair and decreetal order in I.A.No.497 of 2018 in O.S.No.140 of 2011." No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(co) (*)Amended as per order of this Hon'ble Court,dated 12.12.2018.

/True Copy/ Sub Assistant Registrar(cs-III) To The Principal District Munsif, Thoothukudi.

+1cc to Mr.K.K.Samy Advocate in SR.No.99243 +1cc to Mr.G.Prabu Rajadurai Advocate in SR.No.100209 +1cc to Mr.G.Sridharan Advocate in SR.No.99781 C.R.P(MD)No.2316 of 2018 07.12.2018 BALA SPRSK SAR3 24.12.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/