Madras High CourtCRP(MD)/1741/2019dismissed as infructuous

Jeyachandran v. T.Jeevaraj

2024-01-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.8943 of 2019 1.Jayachandran 2.Sadasivan ... Petitioners Vs.

1.T.Jeevaraj 2.S.Jayarani 3.Challathurai 4.Thankadurai 5.Gopalakrishnan ... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decreetal order dated 07.03.2019 of the learned Subordinate Judge, Kuzhithurai made in I.A.No. 643 of 2016 in O.S.No.163 of 2012.

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For Petitioners : Mr.K.N.Thambi For R2 : No Appearance For R1, R3 to R5 : No Appearance

ORDER

This civil revision petition is directed against the order passed in I.A.No.643 of 2016 in O.S.No.163 of 2012 dated 07.03.2019 on the file of learned Subordinate Judge, Kuzhithurai dismissing the application filed under Sections 10 and 151 CPC.

2.It is not in dispute that this revision petition is filed against the order passed in an application filed under Section 10 CPC., seeking stay of the suit since Second Appeal in S.A.No.1134 of 1996 was pending. 3.The learned counsel appearing for the second respondent has filed a memo dated 04.10.2023 stating that the Second Appeal in S.A.No.1134 2/4

of 1996 was already disposed of on 28.04.2022 itself and as such, nothing survives in this revision for further adjudication. The above said memo is recorded.

4.In view of the above, this civil revision petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

03.01.2024 NCC :yes/No Index :yes/No Internet:yes/No gns To The Subordinate Judge, Kuzhithurai.

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K.MURALI SHANKAR ,J.

gns 03.01.2024 4/4