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Madras High CourtCRP(MD)/1017/2019closed

M.Panneerselvam, v. A.R.Rani,

2022-09-09Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P.(MD)No.5602 of 2019 M.Panneerselvam ... Petitioner versus A.R.Rani ... Respondent Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decreetal order dated 02.03.2019 made in I.A.No.1801 of 2018 in O.S.No.70 of 2018 on the file of the District Munsif Court, Melur.

For Petitioner : Mr.R.Ponkarthikeyan For Respondent : No appearance

ORDER

This Civil Revision Petition is filed against the order dated 02.03.2019 made in I.A.No.1801 of 2018 in O.S.No.70 of 2018 on the 1/4

file of the District Munsif Court, Melur.

2. The petitioner herein is the defendant in the suit in O.S.No.70 of 2018. The suit in O.S.No.70 of 2018 has been filed by the respondent/plaintiff seeking permanent injunction. In the said suit, the petitioner/defendant filed an interlocutory application in I.A.No.1801 of 2018 under Order 7 Rule 11 of C.P.C. to strike off the plaint, which was dismissed by the trial Court, by order dated 02.03.2019. Challenging the same, the present Civil Miscellaneous Petition has been filed.

3. The learned counsel appearing for the petitioner submits that in this Civil Revision Petition, this Court, by order dated 01.07.2019, ordered notice to the respondent. Though notice was sent to the respondent, it was returned with an endorsement as "no such addressee". In the meantime, the main suit itself has been dismissed for default on 07.10.2021 and the respondent/plaintiff has not filed any 2/4

application to restore the suit so far.

4. Since the main suit itself has been dismissed for default on 07.10.2021, nothing survives for adjudication in the Civil Revision Petition. Therefore, the Civil Revision Petition is closed. However, liberty is granted to the petitioner/defendant to file a fresh application, if the respondent/plaintiff files an application for restoration and the same is entertained by the Trial Court. No costs. Consequently, connected miscellaneous petition is closed.

09.09.2022 ogy Index : Yes / No.

Internet: Yes / No.

To The District Munsif Court, Melur.

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B.PUGALENDHI, J.

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