Madras High CourtCRP(MD)/718/2019dismissed as infructuous

Arulanthu v. S.Vijayakumar,S/O.K.Senthil

2023-10-31Honourable Mr. Justice Battu Devanand7 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.718 of 2019 and C.M.P(MD) No.4178 of 2019 Arulanthu

...Petitioner

Vs.

1.S.Vijayakumar 2.Amulraj 3.S.Susai 4.M.Yagappan 5.Y.Pitchai 6.Michael 7.S.Alexandar 8.S.Sakrateesh 1/7

Sebasthiammal (died) 9.Arockiam 10.S.Savarimuthu Michael (died) 11.Amburose 12.Arockiasamy 13.Michael 14.Arokiam 15.Philippu 16.John Bosco 17.Edward 18.Maria Michael Raju 19.Chinnappan 20.Palthasar 21.Melkiyur 22.Loorthu 23.Franchis Vedam (died) 2/7

24.Savarimuthu 25.Albert 26.Layvel 27.Suvikkin Raj 28.Sabasthiyammal 29.Michael 30.Melkiyur 31.Susai Packiam 32.Michael 33.Arulanthu 34.Kulanthaisamy 35.Savarimuthan 36.Michael Ammal 37.Mani 38.Asirvatham 39.Sahayam 40.Anjukayam 41.Sebasthiammal 3/7

42.Packiyaseeli 43.Pushpam 44.Mary 45.Selvi 46.Pasali Mariya Reetha

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 22.01.2019 passed in I.A.No.1165 of 2018 in O.S.No.65 of 2013 on the file of the District Munsif Court, Devakottai, Sivagangai District, and allow this Civil Revision Petition.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.RMS.Sethuraman -for R1 No Appearance - for RR2 to 5, 7 to 10, 12 to 14, 17 to 24, 26 to 29, 31 to 37, 40 to 43 & 46 Unserved - for RR6, 15, 38, 39, 44, 11, 30, 45, 16 & 25 4/7

O R D E R

This Civil Revision Petition is filed against the order dated 22.01.2019 passed in I.A.No.1165 of 2018 in O.S.No.65 of 2013 on the file of the District Munsif Court, Devakottai, Sivagangai District.

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suit in O.S.No.65 of 2013 on the file of the District Munsif Court, Devakottai, Sivagangai District, is dismissed as withdrawn, by its order, dated 08.02.2023.

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 In view of the above, as already the suit itself is dismissed as withdrawn, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.

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

5. No costs.

6. Consequently, connected Civil Miscellaneous Petition is closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To The District Munsif District Munsif Court, Devakottai, Sivagangai District.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.718 of 2019 31.10.2023 7/7