Madras High CourtCRP(MD)/1260/2019dismissed as infructuous

Muthusamy (Died) v. Muthusamy

2024-02-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.6979 of 2019

1. Muthusamy (Died)

2. Kanagarasu

3. Manoharan

4. Vijayan

5. Kamalam

6. Ilamathi

7. Indhumathi

8. Chinnaraja

9. Gnanaprakasam ... Petitioners (Petitioners 5 to 9 are brought on record as LRS of the deceased 1st petitioner vide Court order dated 22.07.2022 made in CMP(MD)No.11373 of 2021 in CRP(MD)No. 1260 of 2019) Vs.

1. Muthusamy 1/4

2. Murugesan

3. Angammal

4. Mariyayee

5. Manimaran ... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 13.12.2018 in I.A.No.306 of 2018 in O.S.No.33 of 2010 on the file of Subordinate Judge, Kulithalai.

For Petitioners : Mr.Ponnu Pandi for Mr.K.Govindarajan For R1 & R2 : Mr.K.Prabhakar For R3 to R5 : No appearance

ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.306 of 2018 in O.S.No.33 of 2010 dated 13.12.2018 on the file of the Subordinate Court, Kuzhithalai, to send for the document Ex.A.2 available in the case bundle in A.S.No.80 of 1995 in O.S.No.51 of 1991 on the file of the Subordinate Court, Kuzhithalai. 2/4

2. When the matter is taken up for hearing today, the learned counsel appearing for the revision petitioners as well as the respondents 1 and 2 would submit that the appeal in A.S.No.80 of 1995 was allowed before the Subordinate Court, Kuzhithalai and a second appeal preferred that against in S.A.No.1697 of 1997 was dismissed in the year 2010 and that the revision petitioners have already filed an application before the concerned Court and received their documents including Ex.A.2 and as such, nothing survives for further adjudication.

3. Recording the submission made by the learned counsel on either side, this Civil Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs. 12.02.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Subordinate Court, Kuzhithalai.

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

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.6979 of 2019 Dated : 12.02.2024 4/4