Madras High CourtCMP(MD)/11170/2018dismissed as infructuous

R.Hariharan, v. R.Sivasubramani,

2019-04-08Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Eighth day of April Two Thousand Nineteen

Present

The Hon`ble Ms.Justice V.M.VELUMANI (AT PRINCIPAL SEAT THROUGH VIDEO CONFERENCE) CMP(MD). No.11170 of 2018 in CMP(MD)No.6975 of 2018 in CMA(MD) No.368 of 2018

1. R.HARIHARAN

2. H.JEYASRI ... Petitioners/Petitioners/Appellants Vs R.SIVASUBRAMANI ... Respondent/Respondent/Respondent Prayer in CMP(MD). No.11170 of 2018:- This Civil Miscellaneous Petition filed under Section 151 of CPC praying this Court Pleased to modify the portion incorporated as Principal District Judge, Dindigul into Trial Court (A.D.J.Palani) in para 6 in the order dated 20.08.2018 in C.M.P.No.6975 of 2018 in C.M.A(MD) No.368 of 2018 and thus render justice.

Prayer in CMA(MD). 368 of 2018 :

Civil Miscellaneous Appeal filed under Order 43 Rule 1(Q) of CPC praying this Court, to call for the records relating to the orders dated 26.04.2017 and 07.10.2017 made in I.A.No.107 of 2017 in O.S.No.76 of 2017 on the file of the Principal District Judge, Dindigul and set aside the same and allow the above Civil Miscellaneous Appeal and thus render justice. Prayer in CMP(MD). 6975/ 2018 :

This Petition filed Under Section 151 of CPC Praying this Court to extend the time stipulated in the order in CMA(MD) No.368 of 2018 and CMP(MD) No. 4818 of 2018 dated 20.06.2018 by three weeks to furnish security in O.S.No.76 of 2017 on the file of the Principal District Judge, Dindigul.

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.N.MOHAN, Advocate for the Petitioners and of Thiru.AADITHYA VIJAYALAYAN, for M/S.D.VENKATESH, for the respondent, this Court made the following order:

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When the matter is taken up for hearing, there is no representation for the petitioner.

2. The present petition is filed to modify the portion incorporating as Principal District Judge, Dindigul, into Additional District Judge, Palani in para 6 of the order dt.20.08.2008 made in CMP No.(MD) No.6975 of 2018 in CMA (MD) No.368 of 2015.

3. The learned counsel for the respondent submitted that the suit in O.S.No.76 of 2017 itself has been decreed and the same is not pending but decreed by the Principal District Judge, Dindigul, on 31.01.2019.

4. In view of the above, nothing survives in this miscellaneous petition and hence the same is dismissed as infructuous.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) TO THE PRINCIPAL DISTRICT JUDGE, DINDIGUL ORDER DATED : 08/04/2019 ==========================

ORDER

========================== CMP(MD). No.11170 of 2018 in CMP(MD)No.6975 of 2018 in CMA(MD) No.368 of 2018 Giving direction and etc.

as stated within.

SRK(CO) TR (23.07.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/