Madras High CourtCRP(MD)/240/2018dismissed as infructuous

Durairaj, v. K.Saraswathi,

2023-06-14Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI Durairaj ... Petitioner Vs.

1.K.Saraswathi 2.R.Ponsekha 3.R.Yogeshwaran 4.C.Pandian 5.P.Thiyagarajan 6.C.Rethinaswamy ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, to call for records pertaining to the fair and decreetal order in I.A.No.544 of 2015 in O.S.No.115 of 2014 dated 11.08.2017 passed by the Principal District Munsif, Nagercoil and set aside the same and may scrap the earlier biased commission report and may direct the trial Court to appoint the new Commissioner to visit the plaint scheduled property and pathways abetting such property.

For Petitioner : Mr.M.N.Rajapanth For R1 - R4 : Mr.H.Thayumanaswamy For R5 & R6 : No Appearance 1/4

ORDER

This Civil Revision Petition is filed to set aside the fair and decreetal order passed by the learned Principal District Munsif, Nagercoil in I.A.No.544 of 2015 in O.S.No.115 of 2014 dated 11.08.2017.

2.Today, when the matter is taken up for hearing the learned counsel for the revision petitioner submits that the main suit in O.S.No. 115 of 2014 was dismissed on 01.10.2019 during the pendency of this Civil Revision Petition and hence, the prayer sought for in this petition has become infructuous. He had also made an endorsement to that effect. 3.Recording the same, the Civil Revision Petition stands dismissed as infructuous. No costs.

14.06.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No vsd 2/4

To 1.The Principal District Munsif, Nagercoil.

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

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P.VADAMALAI, J.

vsd Order made in 14.06.2023 4/4