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Madras High CourtCRP(MD)/831/2019disposed of

Udhayakumar, v. Punithavathi,

2022-08-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)Nos.5018 & 5019 of 2019 1.Udhayakumar 2.Anandaraj : Petitioners in both CRPs Vs.

1.Punithavathi 2.Subha 3.Premavathi : Respondents in both CRPs COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India to call for the records relating to the fair and decreetal orders passed in I.A.Nos.1 & 3 of 2019 in O.S.No.208 of 2012, dated 21.03.2019, on the file of the Sub Court, Thoothukudi. For Petitioners : Mr.R.Balakrishnan For Respondents : Mr.N.Dilipkumar for R.1 Mr.S.A.Ganapathy Raman for R.2 Mr.R.Ponkarthikeyan for R.3 ***** 1/4

COMMON ORDER These revision petitions are filed as against the fair and decreetal order dated 21.03.2019 passed by the learned Subordinate Judge, Thoothukudi, in I.A.Nos.1 & 3 of 2019 in O.S.No.208 of 2012, respectively.

2.Today, when the matter came up for hearing, it is represented by the learned Counsel for the respondents that the suit itself has been disposed of on 28.01.2020 and as against the same, the petitioners herein have preferred appeal before II Additional District Court, Thoothukudi, in A.S.No.45 of 2020. Therefore, nothing survives for further adjudication in these revision petitions.

3.Learned Counsel for the petitioners did not refute the above submission, however, sought liberty to agitate their relief before the appellate Court.

4.In view of the above submissions, these civil revision petitions stand disposed of, with liberty to the 2/4

petitioners to agitate their claim by filing appropriate applications before the appellate Court, viz., II Additional District Court, Thoothukudi, for the relief sought for in these revision petitions, if so advised. If any such applications are filed, the appellate Court shall consider the same, uninfluenced by the findings of the trial Court or of this Court. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 22.08.2022 Internet : Yes gk To 1.The Subordinate Judge, Thoothukudi.

2.The II Additional District Judge, Thoothukudi.

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B.PUGALENDHI, J.

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