Madras High CourtCRP(MD)/1069/2022dismissed as infructuous

B.Rajendran, v. Saleem,

2023-12-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.4320 of 2022 B.Rajendran : Petitioner/Petitioner/Plaintiff Vs.

Saleem :Respondent/Respondent/Defendant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order, dated 22.03.2022 made in I.A.No.39 of 2021 in O.S.No.707 of 2019 on the file of the learned II Additional Sub Court, Madurai. For Petitioner : Mr.K.C.Ramalingam For Respondent : Mr.R.Ramasamy

ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.39 of 2021 in O.S.No.707 of 2019, dated 22.03.2022 on the file of 1/4

the learned II Additional Sub Court, Madurai, dismissing the petition filed under Order 26 Rule 9 and 10 of C.P.C.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner as well as the respondent would submit the suit in O.S.No.707 of 2019 was dismissed for default on 04.12.2023 and as such, nothing survives for further adjudication in this petition.

3. The learned counsel for the petitioner would submit that the petitioner has filed a petition to restore the suit and the same is pending.

4. In view of the submission made by the learned counsel on either side that no suit is pending as of now, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

12.12.2023 NCC :yes/No Index :yes/No Internet:yes/No das 2/4

To 1.The II Additional Sub Court, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

das Order made in and C.M.P.(MD)No.4320 of 2022 Dated : 12.12.2023 4/4