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Madras High CourtCRP(MD)/1143/2022dismissed as infructuous

Ramesh v. Anandharajan

2023-07-19Honourable Mrs Justice K. Govindarajan Thilakavadi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.(MD) No.4684 of 2022 1.Ramesh 2.Balan ... Petitioners Vs.

1.Anandharajan 2.Ashok Rajan 3.Premrajan 4.Prabhurajan 5.The Commissioner, Sattur Municipality, Sattur, Virudhunagar District.

6.The Tahsildar, Sattur Taluk Office, Sattur, Virudhunagar District.

... Respondents This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the learned Sub Judge, Sattur in I.A.No.1 of 2021 in A.S.No.10 of 2020 dated 21.03.2022. Page No. 1 of 5

For Petitioners : Mr.D.Dhanachandra Prakash For R4 : Mr.S.Sukumar For R5 & R6 : Mr.G.Suriyananth Additional Government Pleader

O R D E R

When this case is taken up for hearing, the learned counsel for the fourth respondent filed a Memo dated 05.06.2023 before this Court.

2. In the said Memo, it is stated that the revision petitioners/plaintiffs preferred the above Civil Revision Petition against the order dated 21.03.2022 passed in I.A.No.1 of 2021 in A.S.No.10 of 2020 on the file of the Sub Court, Sattur. It is further stated that the Will dated 30.12.2002 was not proved by the revision petitioners/plaintiffs and the Trial Court dismissed the suit in O.S.No. 26 of 2013 by its Judgment and Decree dated 06.07.2016, against which, the revision petitioners/plaintiffs preferred an appeal in A.S.No.26 of 2023 before the Sub Court, Sattur which has been dismissed as not pressed on 03.11.2022.

3. It is submitted that since the main appeal in A.S.No.26 of 2023, in which, I.A.No.1 of 2021 was filed which was dismissed vide impugned order Page No. 2 of 5

dated 21.03.2022, against which, the present Civil Revision Petition has been preferred, was already dismissed as not pressed on 03.11.2022 during the pendency of this Civil Revision Petition, nothing survives in this Civil Revision Petition for consideration.

4. The learned counsel for the petitioners also acceded to and made endorsement to that effect.

5. The Memo dated 05.06.2023 filed by the learned counsel for the fourth respondent is recorded.

6. In view of the Memo filed by the learned counsel for the fourth respondent and the endorsement made by the learned counsel for the petitioners, this Civil Revision Petition Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. 19.07.2023 NCC :Yes/No Internet : Yes/No Index : Yes/No jen Page No. 3 of 5

To 1.The Commissioner, Sattur Municipality, Sattur, Virudhunagar District.

2.The Tahsildar, Sattur Taluk Office, Sattur, Virudhunagar District.

3.The Judge, Sub Court, Sattur.

Page No. 4 of 5

K.GOVINDARAJAN THILAKAVADI, J.

jen and C.M.P.(MD) No.4684 of 2022 19.07.2023 Page No. 5 of 5