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Madras High CourtCRP(MD)/1352/2019dismissed as infructuous

Kalimuthu, v. Indhira

2024-02-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P(MD)No.7286 of 2019 1.Kalimuthu 2.Selvaraj 3.Mathiyalagan : Petitioners/Petitioners/Defendants Vs.

Indhira : Respondent/Respondent/ Plaintiff Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decree, dated 28.06.2019 made in I.A.No.245 of 2019 in O.S.No.19 of 2014 on the file of the learned Principal District Munsif, Kumbakonam.

For Petitioner : Mr.G.Gomathi Sankar For Respondent : Mr.B.Anandan

ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.245 of 2019 in O.S.No.19 of 2014, dated 28.06.2019 on the file of the 1/4

learned Principal District Munsif, Kumbakonam, dismissing the petition filed under Order 18 Rule 3 A of the Code of Civil Procedure.

2. The learned counsel for the petitioners would submit that the revision petitioners have filed an application under Order 18 Rule 3(A) of C.P.C., seeking permission to examine the defendant side witnesses and then the first defendant and the learned Principal District Munsif, after enquiry, has passed the impugned order dismissing the petition. He would further submit that the suit was subsequently transferred to the newly constituted District Munsif cum Judicial Magistrate Court, Thiruvidaimaruthur and the first defendant has already been examined and cross examined and now the case was posted for defendant's side further evidence.

3. Recording the submissions made by the learned counsel for the petitioners, the Civil Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs. 06.02.2024 NCC :yes/No Index :yes/No Internet:yes/No das 2/4

To 1.The Principal District Munsif, Kumbakonam.

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

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K.MURALI SHANKAR ,J.

das Order made in Dated : 06.02.2024 4/4