Madras High CourtCRP(MD)/1782/2016dismissed as infructuous

P.Jothi, v. R.Balasubramani (Died)

2016-10-24Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P.(PD)(MD)No.1782 of 2016 and C.M.P.(MD)No.8590 of 2016

1. P.Jothi

2. U.Murugan

3. V.Saraswathy

4. S.Vijaya

5. Pandiyammal

6. M.Sampath

7. M.Rajendran

8. A.Gnanasekaran

9. S.Kumararaja 10.R.Subramanian .. Petitioners/Petitioners/ Defendants Vs.

R.Balasubramani (Died)

1. Savundaiayan

2. R.Ponnusamy

3. R.Chandrasekaran

4. R.Soundrarajan

5. B.Rakkammal

6. R.B.Seenivasan

7. R.B.Soundeeswari ... Respondents/Respondents Plaintiffs Prayer: Petition filed under Article 227 of the Constitution of India, to allow this Civil Revision petition and set aside the order, dated 21.06.2016 and order to reopen the petitioners side evidence as per I.A.No.259 of 2016 in O.S.No.620 of 2004 on the file of the learned Additional District Munsif, Dindigul. For Petitioners : Mr.C.M.Ganesan For R-3 & R-4 : Mr.D.Selvaraj

ORDER

The learned counsel for the respondents 3 and 4 submitted that the petitioners filed an application in I.A.No.259 of 2016 in O.S.No.620 of 2004 to reopen the suit for the petitioners' side https://hcservices.ecourts.gov.in/hcservices/

evidence and the same was allowed on 21.06.2016 subject to the payment of cost of Rs.500/-. The said order was not complied with. Thereafter, the petitioners have filed an application in I.A. No.814 of 2016 in O.S.No.620 of 2004 and the same was allowed on 19.09.2016. Therefore, the dismissal order in I.A.No.259 of 2016 is restored on payment of cost.

2. According to the learned counsel for the respondents 3 and 4, the Civil Revision petition has become infructuous in view of the subsequent order passed by the learned Additional District Munsif, Dindigul in I.A.No.814 of 2016, dated 19.09.2016 and he has also made an endorsement to that effect.

3. In view of the same, the Civil Revision petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To The Additional District Munsif, Dindigul.

+1 cc to M/s.D.Selvaraj, Advocate in SR.No. 63446 pmu CSL/GSV-PM/11.11.2016: 2P/3C C.R.P.(PD)(MD)No.1782 of 2016 and C.M.P.(MD)No.8590 of 2016 24.10.2016 https://hcservices.ecourts.gov.in/hcservices/