Selvam v. Manoharan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.6115 of 2019 Selvam : Petitioner Vs.

Manoharan : Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the fair and decreetal order dated 11.01.2019 passed by the learned District Munsif, Uthamapalayam, in I.A.No.3 of 2018 in RCOP.No.1 of 2017 and set aside the same. For Petitioner : Mr.S.I.Muthiah For Respondent : Ms.M.Kirithiga *****

ORDER

This revision petition is filed as against the order passed by the learned District Munsif, Uthamapalayam, in I.A.No.3 of 2018 in RCOP.No.1 of 2017, 1/4

dated 24.09.2019, in and by which, the petitioner's plea to appoint an Advocate Commissioner was rejected.

2.When the matter came up for hearing today, learned Counsel for the petitioner submitted that the main RCOP itself has been disposed of and as against the same, they have filed RCA.No.1 of 2022 before the Sub Court, Uthamapalayam and as such, nothing survives for further adjudication in this revision. However, he sought for liberty to agitate his claim for appointment of Advocate Commissioner before the appellate forum. 3.In view of the subsequent development, this civil revision petition stands disposed of, with liberty to the petitioner to agitate his claim by filing appropriate application before the appellate Court, viz., Sub Court, Uthamapalayam, for the relief sought for in this revision petition, if so advised. If any such application is 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 petition is closed.

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To 1.The District Munsif, Uthamapalayam.

2.The Sub Court, Uthamapalayam.

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B.PUGALENDHI, J.

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