Karuppaiah @ Karuppaian, v. N.Ramasamy Thevar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.909 of 2019 Karuppaiah @ Karuppaian
...Petitioner
Vs.
1.N.Ramasamy Thevar 2.N.Thangarasu (died) 3.N.Singaram 4.S.Muthulakshmi 5.Theivanai 6.Geetha 7.Ramanathan
...Respondents
(Respondents 5 to 7 are brought on record as legal heirs of the deceased second respondent vide Court order dated 05.01.2022 made in C.M.P(MD) Nos.12105, 12111 & 12112 of 2019) 1/5
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 18.03.2017 passed in I.A.No.42 of 2017 in O.S.No.81 of 2015 on the file of the District Munsif Court, Aranthangi, by allowing this Civil Revision Petition.
For Petitioners : Mr.K.Baalasundharam For Respondents : Mr.D.Ramesh Kumar - for R1 to R3 No Appearance - for R4 Died - for R2 Batta due - for R5 to R7
O R D E R
This Civil Revision Petition is filed against the order dated 18.03.2017 passed in I.A.No.42 of 2017 in O.S.No.81 of 2015 on the file of the District Munsif Court, Aranthangi.
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 2/5
Principal District Judge, has sent a report wherein, it is stated that the suit in O.S.No.81 of 2015 on the file of the District Munsif Court, Aranthangi, is dismissed for default, by its order, dated 08.04.2021.
3. In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.
4. Accordingly, this Civil Revision Petition is dismissed as infructuous.
5. No costs.
31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 3/5
To The District Munsif, District Munsif Court, Aranthangi, 4/5
BATTU DEVANAND, J.
RM C.R.P(MD) No.909 of 2019 31.10.2023 5/5