Madras High CourtCRP(MD)/175/2018dismissed as infructuous

P.Shanmugavel, v. G.Ismail Thamby

2023-10-31Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.175 of 2018 and C.M.P(MD) No.766 of 2018 P.Shanmugavel

...Petitioner

Vs.

G.Ismail Thamby

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order dated 03.07.2017 passed in I.A.No.158 of 2016 in O.S.No.83 of 2016 by the I Additional District Court, Tirunelveli, and allow this Civil Revision Petition.

1/5

For Petitioner : Mr.R.Narayanan For Respondent : Mr.S.Mani

O R D E R

This Civil Revision Petition is filed against the order dated 03.07.2017 passed in I.A.No.158 of 2016 in O.S.No.83 of 2016 by the I Additional District Court, Tirunelveli.

2. This Court called for the report from the concerned Principal District Judge, by order dated 19.10.2023 with regard to the status of the suit in the trial Court. Accordingly, the concerned Principal District Judge, has sent a report wherein, it is stated that the suit in O.S.No.83 of 2016 by the I Additional District Court, Tirunelveli, is dismissed for default, by its decree and judgment, dated 09.02.2018.

2/5

3. In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.

4. Accordingly, this Civil Revision Petition is dismissed as infructuous.

5. No costs.

6. Consequently, connected Civil Miscellaneous Petition is closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 3/5

To The I Additional District Judge, I Additional District Court, Tirunelveli.

4/5

BATTU DEVANAND, J.

RM C.R.P(MD) No.175 of 2018 31.10.2023 5/5